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Construction Liens Toolkit (NJ)
Practical Law Toolkit w-003-4514 (Approx. 8 pages)
A list of resources to assist counsel in understanding and effectively creating, perfecting, and enforcing construction liens to secure payment for improvements to privately owned real property in New Jersey. This Toolkit contains links to guidance documents and standard forms for use in all stages of the construction lien process.
Contractors, subcontractors, and suppliers (claimants) have several methods to secure payment for improvements they make to privately owned real property. In New Jersey, a common option is to assert a construction lien.
The Construction Lien Law (CLL) governs construction liens on privately owned real property in New Jersey (N.J.S.A. 2A:44A-1 to 2A:44A-38). The CLL prescribes specific procedures to create, perfect, and enforce a construction lien. A claimant must strictly comply with the statutory requirements.
This Toolkit identifies continuously maintained resources to help counsel for claimants and property owners:
- Understand the processes and procedures for creating, perfecting, enforcing, and discharging construction liens.
- Recognize the different requirements for filing construction liens against commercial (nonresidential) and residential real property.
- Manage the deadlines for each step of the construction lien process.
- Draft, record, and serve effective lien documents.
- Anticipate available defenses to construction liens.