Summary of Mechanic Lien and Payment Bond Deadlines

Construction Claim Requirements

Statute	PERSONS PROTECTED	PERSONS EXCLUDED	NOTICE PREREQUISITE	TIME TO PERFECT CLAIM	TIME TO SUE
Municipal Mechanics Lien Law, N.J.S.A. 2A:44-125, et seq. (public projects)	Materialmen supplying to general contractor or sub-contractor, subcontractors and laborer.	Materialmen supplying to materialmen.	Yes (for subs or suppliers not under contract with general contractor)	No later than 60 days after entire work performed by contractor is either complete or accepted, N.J.S.A. 2A:44-132	No later than 60 days after entire work is complete or accepted N.J.S.A. 2A: 44-138
Bond Act N.J.S.A. 2A:44-143, et seq. (public projects)	Same as Municipal Lien Law (above)	Same as Municipal Lien Law (above)	Yes (for subs or suppliers not under contract with general contractor	No later than 270 days after last furnishing of work or materials.	No earlier than 90 days after notice to surety and no later than 1 year from claimant's last furnishing or work, N.J.S.A. 2A 44-146
Trust Fund Act N.J.S.A. 2A:44-148 (public projects)	All materialmen and subcontractors with direct contractual relationship with general contractor.	Materialmen supplying to subcontractor.	None	None	4 years for sale of goods, N.J.S.A. 12A: 2-725; 6 years for services rendered, N.J.S.A. 2A:14-1
Construction Lien Act (Private Projects) N.J.S.A. 2A:44A-1	All materialmen and those furnishing labor or equipment for the erection, construction, completion of alteration. 2A:44A-2	Materialmen supplying to materialmen.	Yes as to residential projects.	No later than 90 days after last delivery of goods or furnishing of labor or equipment. All contractors and suppliers must file a Notice of Unpaid Balance on residential projects and go through lien arbitration before filing a construction lien.	No later than 1 year after last delivery of goods or furnishing of labor or equipment N.J.S.A. 2A:44A-14
Federal Bond Claim (Miller Act)	Subcontractors, subsubcontractors, materialmen supplying to subcontractors	Materialmen supplying to materialmen	Yes (for subs or suppliers not under contract with general contractor)	Provide notice within 90 days of last work or furnishing materials to surety and general contractor	No earlier than 90 days and no later than 1 year after claimants last furnishing of work or materials.