Filing a construction lien in New Jersey can be challenging, but a clear checklist can make it manageable. Here is how you can ensure you are properly securing your payment rights.
Confirm your eligibility
Begin by verifying that you are eligible to file a lien. In New Jersey, contractors, subcontractors and suppliers who have provided labor or materials for a construction project can file a lien. Make sure your role fits within these guidelines.
Gather all necessary documents
Collect all relevant documents, including contracts, invoices and proof of delivered services or materials. Having accurate and complete records will strengthen your lien claim.
Serve a Notice of Unpaid Balance (NUB)
The next step is to serve a Notice of Unpaid Balance and Right to File Lien (NUB) to the property owner. This notice informs them of the outstanding payment and your intent to file a lien if the matter is not resolved.
File the construction lien claim
Prepare your lien claim with detailed information about the project, the unpaid amount and your role. Ensure all information is correct before filing it with the county clerk’s office where the property is located.
Adhere to strict deadlines
Timing is crucial. You need to file your lien within 90 days of the last work performed or materials supplied. Missing this deadline can result in losing your lien rights.
Seek professional guidance
While this checklist provides a basic framework, lien laws can be intricate. Consulting with a construction law attorney can offer valuable insights, help you avoid common pitfalls and ensure that your lien is enforceable.
Securing your payment rights
By following this checklist, you can protect your financial interests and ensure you receive the payment you deserve. Remember, legal assistance can be beneficial, especially in complex situations.
