Mechanics Lien Deadlines in New Jersey
New Jersey's Construction Lien Law lets a contractor, subcontractor, or supplier lodge a lien claim for record within a set number of days after the last provision of work, and imposes extra notice and arbitration steps for residential construction.
In New Jersey, construction liens are governed by the Construction Lien Law, N.J.S.A. 2A:44A-1 et seq. The statute names who may claim a lien, sets the period within which a lien claim must be lodged for record and the event that period runs from, requires the claimant to serve the lodged claim, fixes the time to commence an action to enforce the lien, adds a Notice of Unpaid Balance and demand for arbitration for residential construction, and controls when a lien waiver is effective. The rules below are drawn from the sections of Title 2A served by the New Jersey Legislature's statutes database.
Filing and enforcing a mechanics lien in New Jersey
Section 6 provides that, in all cases except those involving a residential construction contract, the lien claim form must be lodged for record within 90 days following the date the last work, services, material or equipment was provided for which payment is claimed. 1
Section 6 sets a different residential path, under which the lien claim form is lodged for record not later than 10 days after receipt by the claimant of the arbitrator's determination, and within 120 days following the date the last work, services, material or equipment was provided for which payment is claimed. 2
Section 7 requires the claimant, within 10 days following the lodging for record of a lien claim, to serve a copy of the completed and signed lien claim on the owner or community association and any contractor and subcontractor against whom the claim is asserted. 3
Section 14 provides that a claimant filing a lien claim forfeits all rights to enforce the lien if the claimant fails to commence an action in the Superior Court to enforce the lien claim within one year of the date of the last provision of work, services, material or equipment. 4
For residential construction, section 21 requires a lien claimant to first file a Notice of Unpaid Balance and Right to File Lien by lodging it for record within 60 days following the last date that work, services, material or equipment were provided for which payment is claimed. 5
Section 21 further requires the residential lien claimant, within 10 days from the date the Notice of Unpaid Balance and Right to File Lien is lodged for record, to serve a demand for arbitration before a single arbitrator designated by the American Arbitration Association. 6
Section 38 makes waivers of construction lien rights against public policy, unlawful, and void unless given in consideration for payment, effective only to the extent that payment is actually received. 7
Sources
In all cases except those involving a residential construction contract, the lien claim form must be lodged for record within 90 days following the date the last work, services, material or equipment was provided for which payment is claimed.
For a residential construction contract, the lien claim form is lodged for record not later than 10 days after receipt by the claimant of the arbitrator's determination, and within 120 days following the date the last work, services, material or equipment was provided for which payment is claimed.
Within 10 days following the lodging for record of a lien claim, the claimant must serve a copy of the completed and signed lien claim on the owner or community association and any contractor and subcontractor against whom the claim is asserted.
A claimant filing a lien claim forfeits all rights to enforce the lien if the claimant fails to commence an action in the Superior Court to enforce the lien claim within one year of the date of the last provision of work, services, material or equipment.
As a condition precedent to filing a lien under a residential construction contract, a lien claimant must first file a Notice of Unpaid Balance and Right to File Lien by lodging it for record within 60 days following the last date that work, services, material or equipment were provided for which payment is claimed.
Within 10 days from the date the Notice of Unpaid Balance and Right to File Lien is lodged for record, the residential lien claimant must serve a demand for arbitration before a single arbitrator designated by the American Arbitration Association.
Waivers of construction lien rights are against public policy, unlawful, and void unless given in consideration for payment for the work, services, materials or equipment provided, and are effective only to the extent that payment is actually received.
Frequently asked questions
- How long do I have to file a mechanics lien in New Jersey?
- Under section 6 of the Construction Lien Law, in all cases except a residential construction contract, the lien claim form must be lodged for record within 90 days following the date the last work, services, material or equipment was provided for which payment is claimed. Residential construction contracts follow a separate path under sections 6 and 21.
- Who can file a construction lien in New Jersey?
- Section 3 provides that any contractor, subcontractor or supplier who provides work, services, material or equipment pursuant to a contract is entitled to a lien for the value of the work or services performed, or materials or equipment furnished.
- How long do I have to enforce a New Jersey construction lien?
- Section 14 provides that a claimant filing a lien claim forfeits all rights to enforce the lien if the claimant fails to commence an action in the Superior Court to enforce the lien claim within one year of the date of the last provision of work, services, material or equipment for which the lien claim was filed.
- Are the rules different for residential construction?
- Yes. Section 21 requires a residential lien claimant first to lodge for record a Notice of Unpaid Balance and Right to File Lien within 60 days following the last date work, services, material or equipment were provided, and then, within 10 days from that lodging, to serve a demand for arbitration before the American Arbitration Association.
Last reviewed 8.4.26
This page is general information about state law, not legal advice. Laws change, and how they apply depends on the facts of your situation.