New Jersey Construction Lien Resources
Commercial: lodge the lien within 90 days of last work and sue within 1 year. Residential: Notice of Unpaid Balance within 60 days, arbitration demand within 10 days, lien within 120 days. Everything a contractor, subcontractor or supplier needs to protect lien rights in New Jersey.
Start a New Jersey jobCalculate my deadlines
Lodge a commercial lien claim after last work
Residential Notice of Unpaid Balance after last work
Serve the lien claim after lodging it
Sue to enforce after last work
New Jersey deadline calculator
Enter your dates and see every deadline in order. Red rows are the ones that can cost you the lien.
How a New Jersey lien comes together
-
Before and during the job
Know your tier
Contractors, subcontractors and suppliers can claim a lien down to the third tier: a sub or supplier to a subcontractor of the contractor. A supplier to a supplier has no lien right.
N.J.S.A. 2A:44A-2, 2A:44A-3
-
Within 60 days after last work (residential only)
Lodge the Notice of Unpaid Balance
On a residential construction contract, lodge a Notice of Unpaid Balance and Right to File Lien with the county clerk. Serve it the same way as a lien claim.
N.J.S.A. 2A:44A-21(b)(1)-(2)
-
Within 10 days after lodging the NUB (residential only)
Demand arbitration
Serve a demand for arbitration through the American Arbitration Association, unless the parties agreed in writing to another process. The arbitrator decides whether a valid lien exists and its amount.
N.J.S.A. 2A:44A-21(b)(3)-(4)
-
Within 90 days after last work (commercial) or 120 days (residential)
Lodge the lien claim
Sign, acknowledge and verify the statutory lien claim form and lodge it with the county clerk where the property sits. On residential jobs, also lodge it within 10 days after receiving the arbitrator’s determination.
N.J.S.A. 2A:44A-6(a), 2A:44A-21(b)(8)
-
Within 10 days after lodging
Serve the lien claim
Serve the owner and, if any, the contractor and subcontractor against whom the claim is asserted. Use personal service, or certified or registered mail (or commercial courier) plus ordinary mail.
N.J.S.A. 2A:44A-7(a)
-
Within 1 year after last work
Sue to enforce
File suit in Superior Court in the county where the property sits. If the owner, contractor or subcontractor serves a written demand, you must sue within 30 days after you receive it.
N.J.S.A. 2A:44A-14(a)
The New Jersey rules, abstracted
A working summary of the New Jersey Construction Lien Law for notice, recording and enforcement.
Who has lien rights
A contractor (in direct contract with the owner), a subcontractor, or a supplier who provides work, services, material or equipment under a contract can claim a lien. Rights reach down to the third tier: a sub or supplier to a subcontractor of the contractor. A supplier must contract directly with the owner, contractor or a subcontractor, so a supplier to a supplier has no lien right. Rental equipment suppliers are included. The lien law bars liens on public works. The separate municipal mechanic’s lien law is not affected.
Preliminary notices
New Jersey has no required preliminary notice on private commercial jobs. You may lodge an optional Notice of Unpaid Balance and Right to File Lien (NUB). A filed NUB gives your later lien priority over a sale, lease or mortgage recorded after the NUB. It stays effective for 90 days (120 days residential) from last work. It does not extend the time to file the lien. Skipping it does not affect your lien rights unless a conveyance, lease or mortgage is recorded first.
Notice of commencement or completion
New Jersey’s lien law has no notice of commencement or notice of completion. Deadlines run from the last date you provided work, services, material or equipment. Warranty or service calls after your contract is complete or terminated do not extend that date.
The lien claim
Use the statutory lien claim form. It must be signed, acknowledged and verified by oath. Lodge it with the county clerk in the county where the property sits within 90 days after your last work (commercial). On residential jobs the outer limit is 120 days, and you must also lodge it within 10 days after you receive the arbitrator’s determination. The lien cannot exceed the unpaid portion of your contract price. It is also capped by the lien fund: the earned amount of the owner’s contract minus payments made before service of the lien claim.
Service of the lien claim
Within 10 days after lodging, serve a copy marked received for filing on the owner and, if any, the contractor and subcontractor against whom the claim is asserted. Use personal service, or simultaneous certified or registered mail (or a commercial courier) plus ordinary mail. Service is a condition of enforcement. Late service still counts unless the party proves material prejudice. Paying out funds before proper service is prima facie evidence of prejudice.
Enforcement deadline
Sue in Superior Court in the county where the property sits within one year after your last work. If the owner, contractor or subcontractor serves you a written demand by personal service or certified mail, return receipt requested, you must sue within 30 days of receipt. If you miss the deadline, you forfeit the lien and must discharge it. If you do not discharge it, you face court costs, attorneys’ fees and damages.
Residential protections
On a residential construction contract, no lien attaches without strict compliance with the residential rules. First lodge a Notice of Unpaid Balance within 60 days after last work and serve it like a lien claim. Within 10 days you must serve a demand for arbitration. The arbitrator decides the lien’s validity and amount. If setoffs cannot be liquidated, the arbitrator may require a bond of up to 110% of their value. If you do not lodge the lien within 10 days after receiving the determination, the lien is invalid.
New Jersey quirks
A lien that is without basis, willfully overstated, or not lodged in the right form, manner or time is forfeited to its face amount. The claimant can also owe the other parties’ attorneys’ fees, costs and damages. An owner or contractor can demand a verified list of subs and suppliers, which must be provided within 10 days. Lien waivers are void unless given for payment, and they work only when payment is actually received.
Where New Jersey liens go wrong
- Filing a residential lien without first lodging a Notice of Unpaid Balance and demanding arbitration.
- Counting the 90 days from a warranty or punch-list service call instead of the last contract work.
- Claiming more than the unpaid contract amount, which can forfeit the lien and trigger fee liability.
- Letting the one-year suit deadline, or a 30-day demand to sue, pass.
What do I need to send?
- Confirm your tier. Rights stop at a sub or supplier to a subcontractor of the contractor.
- Track your last date of contract work. Warranty calls do not count.
- Consider an optional Notice of Unpaid Balance to protect priority against a sale or new mortgage.
- Lodge the lien within 90 days (commercial) and serve it within 10 days.
- On public jobs, send written notice to the bonded contractor before you start work if you have no direct contract with it.
- Keep lien amounts at or below the unpaid contract price.
- On residential jobs, lodge the NUB within 60 days and demand arbitration within 10 days.
- Lodge the lien with the county clerk within 90 days (commercial) or 120 days (residential).
- Provide a verified sub and supplier list within 10 days if the owner requests it in writing.
- Sue within one year of last work, or within 30 days after a written demand.
- Request a verified list of subs and suppliers in writing. Payment in reliance on it is a defense.
- Check the county clerk for any Notice of Unpaid Balance before closing or funding.
- Payments made before service of a lien claim reduce the lien fund, with statutory exceptions.
- Serve a written demand to require a lien claimant to sue within 30 days.
Public projects: payment bonds
You can’t lien public property. On state and local jobs, your security is the contractor’s payment bond under the New Jersey public works payment bond statute (N.J.S.A. 2A:44-143 et seq.).
- The State, local contracting units and school districts must require a payment bond from the contractor. Subs and suppliers to the contractor, and to its subs, are covered. The bond may be waived on State contracts up to $200,000 and local or school contracts up to $100,000.
- If you have no direct contract with the bonded contractor, send it written notice before you start work, by certified mail or another method with proof of delivery. If you send it late, you are covered only from the date of notice.
- Give the surety a statement of the amount due within one year after your last work or delivery.
- You cannot sue the surety until 90 days after giving the statement to the surety and contractor, and no later than one year after your last work or delivery.
N.J.S.A. 2A:44-143, 2A:44-145; liens barred on public works by N.J.S.A. 2A:44A-5(b)
Lien waivers
New Jersey has no statutory lien waiver form. By statute, a waiver of construction lien rights is void unless it is given for payment. It takes effect only when and to the extent payment is actually received. Waivers given in advance without payment are against public policy.
N.J.S.A. 2A:44A-38
Federal projects
The Miller Act governs federal jobs in every state. Second-tier claimants give written notice to the prime contractor within 90 days after last furnishing; suit within 1 year after last furnishing.
40 U.S.C. 3133
Read the New Jersey law
We link to the official statute instead of hosting a copy, so you always read the current version. Our summaries were last checked against these sources on October 6, 2026.
New Jersey services
Flat pricing per document. Premium members pay less on every filing.
Basic: free with signup. Premium: $299 per year.
Basic Membership
Create your free LienNow account to access all our services at standard pricing. No cost, no commitment. Sign up in minutes and start filing right away at our standard pricing. It’s a good fit for contractors and suppliers who file occasionally.
Premium Membership
Premium includes everything in Basic, plus discounted pricing across our service offerings. If you file notices or liens regularly, the savings can quickly cover the annual fee.
| Service | Premium | Basic |
|---|---|---|
| Notice of Unpaid Balance (residential) | Starting at $250 | Starting at $425 |
| Construction lien claim: prepare, record and serve | Starting at $250 | Starting at $425 |
| Lien release / discharge | Starting at $110 | Starting at $165 |
| Public job bond notice or claim | Starting at $210 | Starting at $375 |
| Statement of amount due to surety | Starting at $75 | Starting at $110 |
| Miller Act bond notice or claim (federal jobs) | Starting at $195 | Starting at $350 |
| Title search and legal description | Starting at $300 | Starting at $350 |
| Rush service (within 7 business days) | Starting at $75 | Starting at $150 |
| Same-day service (24-hour turnaround) | Starting at $125 | Starting at $200 |
| Electronic recording (e-file) | Starting at $45 | Starting at $75 |
Prices are LienNow service fees per document. County recording fees, state registry or portal fees, certified mail, postage and notary fees are billed at cost. Court actions to enforce a lien are handled by an attorney and are not included.
New Jersey lien questions
Do I need a preliminary notice in New Jersey?
Not on private commercial jobs. The Notice of Unpaid Balance is optional on commercial work but protects priority against a later sale or mortgage. It is mandatory on residential construction contracts and must be lodged within 60 days of last work. On public jobs, lower-tier claimants must give the bonded contractor written notice before starting work.
How long do I have to file a lien in New Jersey?
On commercial jobs, lodge the lien claim with the county clerk within 90 days after your last work. On residential jobs the outer limit is 120 days, and you must lodge within 10 days after receiving the arbitrator’s determination.
Who must be served with the lien claim?
The owner and, if any, the contractor and subcontractor against whom the claim is asserted. Serve within 10 days after lodging by personal service, or by certified or registered mail (or commercial courier) plus ordinary mail.
Can I file a lien on a public project in New Jersey?
No. The Construction Lien Law bars liens on public works. Subs and suppliers look to the contractor’s payment bond instead, under N.J.S.A. 2A:44-143 et seq. The separate municipal mechanic’s lien law is preserved.
Working a New Jersey job?
Send us the job. We prepare, serve and record your New Jersey notices and liens, and track every deadline.
The information on this page is general information about New Jersey law as of the review date shown. It is not legal advice, and LienNow is not a law firm. Deadlines depend on the facts of each project. Consult a licensed New Jersey attorney about your specific situation.