Title 2A, Title 2A: ADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE

2A:44A-13 "Construction Lien Book," "Construction Lien Index Book"; fees. 13. a. The county clerk shall provide a book designated as the "Construction Lien Book" in which shall be entered each Notice of Unpaid Balance and Right to File Lien, Amended Notice of Unpaid Balance and R…

2A:44A-14 Claimant's failure to commence action; forfeiture, liability. 14. a. A claimant filing a lien claim shall forfeit all rights to enforce the lien, and shall immediately discharge the lien of record in accordance with section 30 of P.L.1993, c.318 (C.2A:44A-30), if the cl…

2A:44A-15 Improper lodging of lien claim; forfeiture of rights; liability. 15. a. If a lien claim is without basis, the amount of the lien claim is willfully overstated, or the lien claim is not lodged for record in substantially the form or in the manner or at a time not in acco…

2A:44A-17. Lien claims unabated by death of party in interest 17. No lien claim under this act or right thereto shall abate by reason of the death of any party in interest and the right to the lien claim may be asserted by the personal representative of a deceased contractor, sub…

2A:44A-18 Calculation of proportionate share under residential construction. 18. This section shall solely apply to work, services, material or equipment furnished under a residential construction contract. If a lien attaches to an interest in real property, the lien claimant sha…

2A:44A-2 Definitions relative to construction liens. 2. As used in this act: "Claimant" means a person having the right to file a lien claim on real property pursuant to this act. "Community association" means a condominium association, a homeowners' association, a cooperative as…

2A:44A-20 Notice of Unpaid Balance and Right to File Lien, form. 20. a. All valid liens filed pursuant to this act shall attach to the interest of the owner from the time of filing of the lien claim, subject to this section and sections 3, 6, and 10 of P.L.1993, c.318 (C.2A:44A-3…

2A:44A-21 Legislative findings, additional requirements for lodging for record of lien on residential construction. 21. a. The Legislature finds that the ability to sell and purchase residential housing is essential for the preservation and enhancement of the economy of the State…

2A:44A-22 Priority of mortgages over liens, conditions. 22. a. Every mortgage recorded before the filing of a lien claim or the filing of a Notice of Unpaid Balance and Right to File Lien in accordance with section 20 of P.L.1993, c.318 (C.2A:44A-20), shall have priority as to th…

2A:44A-23 Payment of claims, pro rata payment. 23. a. The amount due a lien claimant shall be paid only after the lien claim has been established by judgment, or, in the case of an execution sale, only to those lien claimants whose lien claims were filed before application was ma…

2A:44A-24.1 Lien claims enforced by suit. 18. a. Subject to the requirements of section 14 of P.L.1993, c.318 (C.2A:44A-14), and in the case of lien claims arising from residential construction contracts the additional requirements of sections 20 and 21 of P.L.1993, c.318 (C.2A:4…

2A:44A-25 Issuance of writ of execution. 25. If judgment in an action to enforce a lien claim under this act is entered in favor of the lien claimant, a writ of execution may issue thereon, in accordance with the judgment. L.1993, c.318, s.25; amended 2010, c.119, s.19.

2A:44A-27. Interest in residential property, priority to all subsequent liens 27. The interests in real property set forth in section 21 of this act shall have priority to all subsequent liens under this act upon the land and upon the improvements thereon, except such as may be r…

2A:44A-3 Lien entitlement for work, services, etc.; terms defined. 3. a. Any contractor, subcontractor or supplier who provides work, services, material or equipment pursuant to a contract, shall be entitled to a lien for the value of the work or services performed, or materials …

2A:44A-30 Filing of certificate to discharge lien claim of record. 30. a. When a lien claim has been filed and the claim has been paid, satisfied or settled by the parties or forfeited by the claimant, the claimant or claimant's successor in interest or attorney shall, within 30 …

2A:44A-31 Filing of surety bond, deposit. 31. a. When a lien claim is filed against any improvement and land under this act, the owner, community association in accordance with section 3 of P.L.1993, c.318 (C.2A:44A-3), contractor or subcontractor may execute and file with the pr…

2A:44A-32. Release, discharge from claim 32. When the bond, deposit or any combination thereof, authorized by section 31 of this act, is properly filed or deposited, the improvements and land described in the lien claim shall thereupon be released and discharged from the claim an…

2A:44A-33 Discharge of record of lien claim. 33. a. A lien claim shall be discharged of record by the county clerk: (1) Upon the execution and filing with the county clerk of a surety bond, or the deposit of funds with the clerk of the Superior Court of New Jersey, in favor of th…

2A:44A-34. Book, page number of original record of lien claim necessary for release, discharge 34. A discharge, subordination or release of a lien claim or Notice of Unpaid Balance and Right to File Lien, a receipt of payment of a lien claim, or any order of the court discharging…

2A:44A-35 Discharge, subordination, release of lien claim. 35. A discharge, subordination or release of a lien claim or Notice of Unpaid Balance and Right to File Lien shall be duly acknowledged or proved, and recorded in a properly indexed book for that purpose. A notation of th…

2A:44A-36. Liability for fraud 36. A person who fraudulently deprives a person entitled to the benefits of this act shall be liable to that person for any damages resulting therefrom. L.1993,c.318,s.36.

2A:44A-37 Furnishing of list of subcontractors, suppliers. 37. a. If required in a contract or upon written request from an owner or community association to a contractor, a subcontractor, or both, the contractor or subcontractor shall, within 10 days, provide the owner or commun…

2A:44A-38. Waivers of construction lien rights 38. Waivers of construction lien rights are against public policy, unlawful, and void, unless given in consideration for payment for the work, services, materials or equipment provided or to be provided, and such waivers shall be eff…

2A:44A-4. Lien for improvements; attachment 4. Liens for the following improvements shall attach to real property only in the manner herein prescribed. In the case of an improvement: a. Involving a dock, wharf, pier, bulkhead, return, jetty, piling, groin, boardwalk or pipeline a…

2A:44A-5. Liens, certain; prohibited 5. No liens shall attach nor shall a lien claim be filed: a. For materials that have been furnished or delivered subject to a security agreement which has been entered into pursuant to Chapter 9 of Title 12A of the New Jersey Statutes (N.J.S.1…

2A:44A-6 Filing lien claim. 6. a. A contractor, subcontractor or supplier entitled to file a lien pursuant to section 3 of P.L.1993, c.318 (C.2A:44A-3) shall do so according to the following process: (1) The lien claim form as provided by section 8 of P.L.1993, c.318 (C.2A:44A-8)…

2A:44A-7 Serving of lien claim by claimant. 7. a. Within 10 days following the lodging for record of a lien claim, the claimant shall serve on the owner, or community association in accordance with section 3 of P.L.1993, c.318 (C.2A:44A-3), and, if any, the contractor and subcont…

2A:44A-8 Lien claim form. 8. The lien claim shall be filed in substantially the following form:CONSTRUCTION LIEN CLAIM TO THE CLERK, COUNTY OF __________: In accordance with the "Construction Lien Law," P.L.1993, c.318 (C.2A:44A-1 et al.), notice is hereby given that (only comple…

2A:44A-9 Amount of lien claim. 9. a. The amount of a lien claim shall not exceed the unpaid portion of the contract price of the claimant's contract for the work, services, material or equipment provided. b. Except as set forth in sections 15 and 21 of P.L.1993, c.318 (C.2A:44A-1…