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New Jersey & New York Construction Law Blog

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How mechanic’s liens work in New Jersey

On Behalf of | Dec 14, 2022 | Construction Liens |

You have a right to receive payment after you supply labor or supplies for a New Jersey construction project, and the state has certain laws in place that give you recourse in the event you never receive payment. When someone fails to pay you for the work or materials you provided, you may be able to file a mechanic’s lien against the party in arrears.

Per Levelset, a mechanic’s lien is a legal document that protects your right to pursue compensation if someone never pays you for goods supplied or work performed. If you wish to file a mechanic’s lien against a nonpaying party, you need to do so within a particular timeframe.

How long you have to file a mechanic’s lien

How long you have to file your lien for nonpayment depends on whether you supplied work or labor for a residential or commercial property. For residential construction projects, you have 120 days from the date you last supplied goods or labor to file your mechanic’s lien. For commercial projects, you have to file the construction lien within 90 days of the date you last supplied materials or labor for the construction project.

Who may file a New Jersey mechanic’s lien

Typically, general contractors, subcontractors, laborers, suppliers, architects, engineers, construction managers and surveyors are among those who maintain lien rights in New Jersey. If you are a sub-sub-contractor, or a supplier to a sub-sub-contractor, New Jersey lien rights do not apply to you.

You need to have a notary notarize and verify your mechanic’s lien before you may file it within state lines.