On January 5, 2011, long overdue revisions to the New Jersey Construction Lien Law (N.J.S.A. 2A:44A-1, et seq.) were enacted. The Lien Law amendments clarify the statute and make it more consistent with court interpretations of the Law over the last 16 years. The amendments take effect immediately and include several significant changes that owners, contractors, subcontractors, and suppliers must understand and appreciate. Below is a brief summary of the Lien Law amendments. Contact me 856-354-7700 or kdimedio@earpcohn.com to schedule a consultation should you have a lien claim matter affecting your business or your property.

• Lien Claim
• NUB\RFL
• Amended Lien Claim
• Discharge Affidavit

• Time enlarged from 90 to 120 days to perfect
• Must file NUB\RFL within first 60 days; demand for arbitration 10 days thereafter
• Consolidation of multiple lien claims against the same residential project permitted

• Any project (i.e. mixed use, etc.) that includes residential units is deemed a “residential” construction project for lien procedure

• Filing now requires recording and indexing
• Lien on lease vs. property (owner/landlord or lease must authorize)
• Owners permitted to discharge (after certification and affidavit)

DISCLAIMER: This advisory is for general information purposes only. It does not constitute legal advice, and may not be used and relied upon as a substitute for legal advice regarding a specific legal issue or problem. Advice should be obtained from a qualified attorney licensed to practice in the jurisdiction where that advice is sought. Attorney Advertisement Before making your choice of attorney, you should give this matter careful thought. The selection of an attorney is an important decision. If this information is inaccurate or misleading, you may report this to the Committee on Attorney Advertising, Hughes Justice Complex, CN 037, Trenton, New Jersey 08625

This memorandum was written by Kevin J. Dimedio. Please see our Real Estate and Commercial Litigation practice pages for more information.