New Jersey Mechanic’s Lien

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Below is an overview of the preliminary steps for filing a mechanic’s lien in the state of New Jersey.

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.

Throughout our site you can find more resources on the process of filing mechanic’s liens and preliminary notices. If you’re ready to get started, be sure to reach out to us on our contact page, or call us at (800) 722-2422.