New Jersey contractors, subcontractors, and suppliers who are not getting paid lean on the Construction Lien Law. The clocks are short, and residential jobs add a notice and arbitration step before a lien can be filed.
This New Jersey pillar covers the Construction Lien Law deadlines and how Darkwell funding can help carry a business claim of $10,000 or more. See where we fund for state-by-state review.
Quick note: Darkwell funds legal claims. We’re not a law firm and this isn’t legal advice. Talk with a licensed attorney in your state about your claim and your deadlines. New Jersey law controls New Jersey projects, so confirm every lien claim, notice, arbitration, and suit deadline with a licensed New Jersey attorney.
Owed $10,000 or more on a New Jersey job? Request a free claim review.
New Jersey Construction Lien Law clocks
- Lien claim (non-residential). Lodge the lien claim for record within 90 days after the last date work, services, material, or equipment was provided (N.J.S.A. 2A:44A-6).
- Serve within 10 days. Within 10 days after lodging the lien claim for record, serve a copy on the owner and on any contractor or subcontractor the claim is asserted against (N.J.S.A. 2A:44A-7).
- Sue within one year. Commence an action in the Superior Court, in the county where the property sits, within one year of your last work, or within 30 days after a written notice requiring you to sue, or the lien is forfeited (N.J.S.A. 2A:44A-14).
Residential jobs add steps
- Notice of Unpaid Balance. First lodge a Notice of Unpaid Balance and Right to File Lien within 60 days after your last work (N.J.S.A. 2A:44A-21).
- Arbitration demand. Unless the parties agreed in writing to another dispute process, serve a demand for an expedited arbitration within 10 days after lodging the notice (N.J.S.A. 2A:44A-21).
- Then the lien. Lodge the lien claim within 10 days after receiving the arbitrator’s determination, and within 120 days after your last work (N.J.S.A. 2A:44A-6).
Warranty work does not restart the clock
Warranty or service calls and other work after your contract is complete or terminated do not count as the last day of work under the statute (N.J.S.A. 2A:44A-6). Count from the last contract work.
When funding helps
If the claim is real, the other side is stalling, and counsel costs are the bottleneck, funding can help carry attorney and case costs while your attorney runs the case.
How Darkwell helps
Legal costs are often what stops a good claim. Darkwell helps carry them. On a New Jersey unpaid invoice, that can mean funding the lien enforcement action, the arbitration, or the contract suit.
- We help carry the cost. Darkwell funding helps pay for the case, so your operating cash stays in your business.
- We bring attorneys we know. Darkwell has a network of attorneys we know. They help keep costs down while still pursuing the claim. The claim moves forward with an attorney from our network, or your current attorney where it fits.
- Your attorney handles the law. We don’t run your case or choose your legal strategy. Your attorney does that.
- You make a clear decision. The goal is to take the stress out of the fight and make the smart financial decision about your claim.
What to send for a claim review
- Contract or subcontract, and change orders
- Invoices, pay applications, and payment history
- Job address and the owner, GC, or customer name
- Photos, daily logs, and delivery tickets
- Any notices, lien filings, or bond information
- Your attorney’s contact, if you have one
- Any lien claim, Notice of Unpaid Balance, or arbitration papers
How we get paid
Our fee comes out of the recovery, not your pocket. If there’s no recovery, you don’t repay our funding. Your written agreement sets the exact terms.
Where we work and claim size
We fund business claims, and individual and consumer claims in some states, reviewed state by state where the law allows. We confirm your state during review. See where Darkwell funds claims.
In select cases, we may purchase a business claim outright, where state law allows.
We review claims of $10,000 or more, subject to review and approval by our team.
Darkwell does not buy or collect consumer debt.
Common questions
How long do I have to file a New Jersey construction lien? On non-residential jobs, lodge the lien claim within 90 days after your last work, under N.J.S.A. 2A:44A-6. Residential jobs follow the notice and arbitration steps first.
How long do I have to sue on a New Jersey lien? Within one year of your last work, or within 30 days after a written demand to sue, under N.J.S.A. 2A:44A-14.
Does Darkwell control my case? No. Your attorney handles the case and the legal strategy. Darkwell provides funding.
Sources
Reminder: Darkwell provides litigation funding. Darkwell does not buy or collect consumer debt. We are not a law firm and do not give legal advice. New Jersey law controls New Jersey projects, so confirm every lien claim, notice, arbitration, and suit deadline with a licensed New Jersey attorney. Nothing on this page promises funding, approval, or any particular result.
New Jersey job unpaid at $10,000 or more? Request a free claim review. Send what you have, and you’ll get a response from our team.
Related reading: Contractor Not Getting Paid · Commercial Claim Funding · 50-State Mechanics Lien Deadlines · Where We Fund