New Jersey Construction Lien and Bond Claims
| Statutory Authority | 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, N.J.S.A. 2A:44A-2 | Materialmen supplying to materialmen (except as to second tier material man) or to a subsubcontractor | Yes as to residential projects | No later than 90 days after last delivery of goods or furnishing of labor or equipment on commercial projects — all contractors and suppliers must file a Notice of Unpaid Balance on residential projects within 60 days of last furnishing and go through lien arbitration before filing a construction lien, but have 120 days to do so | 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 claimant's last furnishing of work or materials |
© Bart J. Klein
