New Jersey

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COMMERCIAL:

  • Upfront Notice: BICA sends a Courtesy Notice.
  • Follow-up Notice:
    • Notice of Unpaid Balance and Right to File a Lien
      • This is an optional notice that establishes your lien priority ahead of future buyers of the property.
      • Is recorded with the County Clerk.

RESIDENTIAL:

  • Upfront Notice: BICA sends a Courtesy Notice.
  • Follow-up Notice (if not paid):
    • Notice of Unpaid Balance and Right to File Lien:
      • Required to be filed with the County Clerk before filing a lien.
      • Required to also be sent to the owner, contractor, and subcontractor.
      • Must be filed within 60 days of last delivery.
    • Demand for Arbitration
      • In addition to the Notice of Unpaid Balance and Right to File Lien you must simultaneously record a Demand for Arbitration, unless agreed to otherwise.

PUBLIC:

  • Upfront Notice:
    • Notice of Delivery:
      • Anyone who supplies labor or material to a subcontractor is required to serve the Notice of Delivery within 20 days of first delivery.
      • This notice should be sent to the “municipal clerk, the chief financial officer of the county or the chairman of the commission, board or authority, whichever is appropriate”.
      • Some additional BICA research is required for this notice.
    • Bond Notice to Contractor:
      • If you are a supplier or sub to a subcontractor, in order to have rights under the bond, you must send this notice before commencing any work.
        • If sent later, you have rights only to labor or material delivered after it was served.
      • BICA sends both the “Notice of Delivery” and the “Bond Notice to Contractor” together.
      • We recommend submitting New Jersey public jobs to BICA for notice handling as soon as possible and before starting delivery.
  • Follow-up Notice (if not paid):
    • Statement of Amount Due: (Claim against bond)
      • Required within 1 year of last delivery.
        • However, any action against the bond must also be sent within 1 year of last delivery and cannot commence until 90 days after this statement is provided, so BICA recommends a deadline 95 days before 1 year from last delivery for this notice.
      • This notice is available on the BICA member portal.