Filing deadline

Commercial: lodge the Construction Lien Claim with the clerk of each county where the property sits within 90 days of the claimant's last work or material delivery. Residential: 120 days from last furnishing, but also no later than 10 days after receiving the arbitrator's determination. Written contract signed by the party charged is a prerequisite to any lien.

Notice prerequisites

No pre-work notice for commercial jobs. Residential is the big exception: before lodging a lien the claimant must lodge a Notice of Unpaid Balance and Right to File Lien (NUB) within 60 days of last furnishing, serve it on the owner and affected contractors, and simultaneously serve an AAA Demand for Arbitration; an arbitrator must validate the claim (award due within 30 days) before the lien can be lodged. On commercial jobs a NUB is optional and used only to preserve priority against buyers/mortgagees.

Service on the owner

Serve a clerk-stamped copy on the owner (or tenant/community association) and every affected contractor or subcontractor within 10 days after lodging, personally or by simultaneous certified and ordinary mail to the last known address. Service follows lodging; a timely-lodged but late-served lien survives unless the unserved party shows material prejudice.

Enforcement

Foreclosure suit in Superior Court of the property's county within 1 year of the claimant's last furnishing; the deadline compresses to 30 days if the owner serves a written demand to sue. Claimant must file a notice of lis pendens with the county clerk when suit starts. Missing either deadline kills the lien.

N.J.S.A. 2A:44A-1 to -38 (Construction Lien Law); Municipal Mechanics' Lien Law, N.J.S.A. 2A:44A-125 to -148 (public work)