Filing a mechanic’s lien in New Jersey is crucial for contractors who wish to secure payment for their work or services. The New Jersey Code governs the process and outlines specific rules and deadlines. Understanding these periods is essential to ensure a lien is valid and enforceable. This guide will explore the key deadlines and requirements for filing a mechanic’s lien in New Jersey.
Filing deadlines for mechanic’s liens
In New Jersey, the deadline for filing a mechanic’s lien varies depending on the type of project.
- For non-residential projects, contractors must file their lien claims within 90 days of their last workday or materials delivery. This timeline ensures that contractors act promptly to secure their payment rights.
- For residential projects, the filing window is 120 days, providing contractors additional time to address potential issues before filing the lien. Residential projects in New Jersey require additional steps before filing a mechanic’s lien. Contractors must file a Notice of Unpaid Balance and Right to File Lien and obtain approval from an arbitrator.
It is important to note that the lien claim must be signed, acknowledged, and verified by oath to confirm its accuracy and legitimacy.
Serving the lien and enforcement
Once a person files a lien with the County Clerk, they must serve a copy to the property owner, contractor, and subcontractor involved within 10 days, either by personal delivery, registered or certified mail, or a commercial courier.
To enforce the lien, contractors must initiate a suit in the Superior Court within one year of the last work performed or within 30 days after receiving a notice to enforce from the property owner or contractor. This enforcement step is crucial to maintaining the lien’s validity.
Workers might need legal help to ensure compliance with all legal requirements and protect their rights. An experienced attorney can guide contractors to avoid mistakes that could jeopardize their lien rights.
Understanding when and how to file a mechanic’s lien in New Jersey is essential for contractors seeking to secure their right to payment. By familiarizing themselves with the deadlines and requirements for non-residential and residential projects, workers and suppliers can effectively utilize mechanic’s liens to protect their interests.
