New Jersey Lien Waiver Guide
New Jersey accepts custom lien waiver forms. No statutory forms are mandated.
Key Information
Waiver Type
Non-Statutory
Filing Deadline
90 days from last furnishing labor or materials (residential); timing varies for commercial
Notice Requirements
No preliminary notice required for most claimants. Unpaid subcontractors should send a Notice of Unpaid Balance.
Key Statutes
N.J. Stat. Ann. §2A:44A-1 et seq. (Construction Lien Law)
Waiver Types in New Jersey
Conditional Waiver on Progress Payment
Waives lien rights for a specific progress payment, but only upon actual receipt of payment. Protects the claimant if the check bounces or payment fails.
Unconditional Waiver on Progress Payment
Immediately and unconditionally waives lien rights for a specific progress payment amount, regardless of whether payment has actually been received.
Conditional Waiver on Final Payment
Waives all lien rights upon receipt of the final payment. The waiver is conditioned on actual receipt of the specified final payment amount.
Unconditional Waiver on Final Payment
Immediately and unconditionally waives all lien rights. This is the most comprehensive waiver and should only be signed after final payment is confirmed in your account.
New Jersey Lien Waiver Rules
New Jersey does not require statutory lien waiver forms. Custom waivers and releases are used. New Jersey's Construction Lien Law distinguishes between residential and commercial projects. Lien claim filings require an arbitration alternative. Waivers should be project-specific.
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