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) shall be signed, acknowledged and verified by oath of the claimant setting forth:
(a) the specific work or services performed, or material or equipment provided pursuant to contract; and
(b) the claimant’s identity and contractual relationship with the owner or community association and other known parties in the construction chain.
(2) In all cases except those involving a residential construction contract, the lien claim form shall then be lodged for record within 90 days following the date the last work, services, material or equipment was provided for which payment is claimed. In the case of a residential construction contract, the lien claim form shall be lodged for record, as required by paragraph (8) of subsection b. of section 21 of P.L.1993, C. 318 (C. 2A:44A-21), not later than 10 days after receipt by the claimant of the arbitrator’s determination, and within 120 days following the date the last work, services, material or equipment was provided for which payment is claimed. If requested, at the time of lodging for record, the clerk shall provide a copy of the lien claim form marked with a date and time received.
b. A lien shall not attach or be enforceable unless the lien claim or other document permitted to be filed is:
(1) filed in the manner and form provided by this section and section 8 of P.L.1993, C. 318 (C. 2A:44A-8); and
(2) a copy thereof served in accordance with section 7 of P.L.1993, C. 318 (C. 2A:44A-7), except that every document lodged for record that satisfies the requirements of this section, even if not yet filed, shall be enforceable against parties with notice of the document. A document shall be first filed, however, in order to be enforceable against third parties without notice of the document, including, but not limited to, an owner, bona fide purchaser, mortgagee, grantee of an easement, or a lessee or a grantee of any other interest in real estate.
C. In the case of a residential construction contract the lien claim shall also comply with section 20 of P.L.1993, C. 318 (C. 2A:44A-20) and section 21 of P.L.1993, C. 318 (C. 2A:44A-21).
d. For purposes of this act, warranty or other service calls, or other work, materials or equipment provided after completion or termination of a claimant’s contract shall not be used to determine the last day that work, services, material or equipment was provided.
L.1993, C. 318, S.6; amended 2010, C. 119, S.3.
Original Text maintained by the State of New Jersey:
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