New Jersey Construction Lien and Bond Claims

Statutory AuthorityPersons ProtectedPersons ExcludedNotice PrerequisiteTime to Perfect ClaimTime 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