August 3, 2021

Volume XI, Number 215

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August 03, 2021

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August 02, 2021

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Timing of Lien Claim

In general, it is well known that commercial construction liens must be filed within 90 days of the last date that a contractor provided materials and/or services for a project. Although this time may appear simple at first to calculate, contractors can often make a mistake concerning the last date they provided materials and/or services for the purposes of filing a lien claim. Should a contractor make such an error, there is the possibility that their lien claim may be late due to a particular section of the construction lien statute which is often overlooked.

As discussed below, section (d) of N.J.S.A. 2A:44A-6 provides as follows:

2A:44A-6. Filing lien claim

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.

It is important that a contractor not make the mistake of calculating the last date it could file a lien claim based upon warranty or service calls, or other work provided after the termination of their contract. Instead, the 90 days to file a lien claim begins to run at the time the contractor has completed its contract work, exclusive of warranty or service calls. As such, for a contractor it is extremely important that they pay close attention to this section of the lien claim statute so that their lien claim is timely filed. Obviously, if there is any doubt as to the timing of filing a lien claim it is better to file earlier than later in order to protect this right. Should there be a question in this regard, it is wise to consult with counsel as to the correct timing.

COPYRIGHT © 2021, STARK & STARKNational Law Review, Volume XI, Number 153
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About this Author

Paul Norris, Stark and Stark Law, Probate Litigation Lawyer, Construction Attorney, New Jersey
Shareholder

Paul W. Norris is a Shareholder and a member of the Firm’s Litigation Group. Mr. Norris’ areas of practice include: Probate Litigation; Construction Litigation; Commercial Litigation; and Criminal and Municipal Court representation. Mr. Norris has an extensive and growing Probate Litigation practice, which concerns either defending, or initiating Will contests on behalf of beneficiaries and purported beneficiaries of an Estate as well as related litigation. He has both prosecuted and defended actions successfully in this regard, and also serves as a Court appointed...

609-895-7325
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