New Jersey Construction Lien Guide
New Jersey mechanics liens are governed by the New Jersey Construction Lien Law, codified at N.J.S.A. 2A:44A-1.
New Jersey mechanics liens are governed by a detailed statutory framework that varies depending on whether the project is commercial or residential. While New Jersey provides strong lien rights to unpaid construction participants, those rights exist only if strict notice, filing, service, and enforcement requirements are followed. Missing a required step—especially on residential projects—can completely invalidate a lien.
LET’S LEARN THE BASICS OF NEW JERSEY CONSTRUCTION LIEN
⭐ Who Can File a Mechanics Lien in New Jersey?
New Jersey grants mechanics lien rights to any contractor, subcontractor, supplier, laborer, or design professional who provides labor, materials, equipment, or services that improve real property and is not paid.
This includes general contractors, subcontractors at any tier, material suppliers, equipment rental companies, architects, engineers, and surveyors. Lien rights apply to private projects; public projects require bond claims instead.
⭐ New Jersey Lien Deadlines (Critical)
LIEN IT OR LOSE IT!
All New Jersey mechanics lien deadlines are calculated from the claimant’s last date of furnishing labor, materials, equipment, or professional services to the project. This date is critical because it controls when required notices must be sent, when the lien must be filed, and when enforcement must begin.
For commercial and non-residential projects, New Jersey does not require a preliminary notice or notice of intent before filing a mechanics lien. Claimants may proceed directly to lien filing, provided all deadlines are met. However, a Notice of Unpaid Balance and Right to File Lien (NUB) may be required. See below for details.
Deadline #1 — File the New Jersey Mechanics Lien
A New Jersey mechanics lien must be filed within 90 days of last furnishing labor, materials, equipment, or services. This deadline applies to both commercial and residential projects (after satisfying residential pre-lien requirements). Make sure to include the following in your New Jersey Mechanics Lien form:
Claimant’s legal name and address
Property owner’s name
Hiring party’s name
Legal description of the property
Description of labor, materials, equipment, or services provided
First and last furnishing dates
Amount unpaid and claimed
Verification or sworn statement
Deadline #2 — Serve the Filed New Jersey Mechanics Lien
After filing, the New Jersey mechanics lien must be served on the property owner. Acceptable methods of service are personal service or certified mail, return receipt requested.
Service of New Jersey Mechanics Lien should be completed promptly after filing, and proof of service should be retained.
Deadline #3 — Enforce the New Jersey Mechanics Lien
To enforce the New Jersey mechanics lien, the claimant must file a foreclosure lawsuit:
Within 1 year of the lien filing date
If enforcement is not commenced within this period, the lien expires automatically.
BEFORE YOU CAN FILE A NEW JERSEY CONSTRUCTION LIEN, YOU MUST UNDERSTAND WHETHER A NOTICE OF UNPAID BALANCE AND RIGHT TO FILE LIEN TO OWNER IS REQUIRED. THE NOTICE OF UNPAID BALANCE AND RIGHT TO FILE LIEN NOTICES PROTECT YOUR LIEN RIGHTS AND IS MANDATORY FOR MOST SUBCONTRACTORS AND SUPPLIERS.
⭐ New Jersey NUB Requirements (1-4 Family Owner-Occupied Residential Projects)
Before filing a New Jersey lien on a residential project, a claimant without a direct contract with the homeowner must first file a Notice of Unpaid Balance and Right to File Lien (NUB).
Who Must File the New Jersey NUB:
Any party without a direct contract with the homeowner, such as:
Subcontractors
Sub-subcontractors
Material suppliers
Design professionals
Who Does NOT Need to File the New Jersey NUB:
Contractors who have a direct contract with the residential owner.
What is New Jersey NUB Deadline:
The New Jersey NUB must be filed:
Within 60 days of last furnishing, and
Before the mechanics lien is filed
Failure to file the New Jersey NUB and complete arbitration bars any residential lien.
Note: Once the New Jersey NUB is served, the claimant must submit the dispute to mandatory arbitration before filing a lien.