2A:44A-8 - Lien claim form  - New Jersey Statutes - USA Laws Searching

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2A:44A-8 - Lien claim form 

2A:44A-8.    Lien claim form 
    8.   The lien claim shall be filed in substantially the following form: 

                      CONSTRUCTION LIEN CLAIM

 

TO THE CLERK, COUNTY OF                        :

 

   In accordance with the terms and provisions of the "Construction Lien Law," P.L.1993, c.318 (C.2A:44A-1 et al.), notice is hereby given that: 

   1.   (Name of claimant) of (address of claimant) has on (date) claimed a construction lien against the below stated real property of (owner against whose property the lien is claimed), in the amount of ($         ), for the value of the work, services, material or equipment provided in accordance with a contract with (name of contracting party with whom claimant has a contract) for the following work, services, materials or equipment: 

   a.

 

   b.

 

   c.   (etc.)

 

   2.   The amount due for work, services, materials or equipment delivery provided by claimant in connection with the improvement of the real property, and upon which this lien claim is based, is as follows: 

   Total contract amount:                              $         

 

   Amendments to contract:                             $         

 

   Total contract amount 

     and amendments to contract:                       $         

 

   Less:  Agreed upon 

     credits:                                          $         

 

   Contract amount paid 

     to date:                                          $         

 

   Amendments to contract 

     amount paid to date:                              $         

 

   TOTAL REDUCTIONS FROM CONTRACT 

     AMOUNT AND AMENDMENTS TO 

     CONTRACT:                                         $         

 

   TOTAL LIEN CLAIM AMOUNT:                            $         

 

Notice of Unpaid Balance and Right to File Lien (if any) was previously filed with the County Clerk of County on                  19    as No. in Book                 Page           . 

   3.   This construction lien is claimed against the interest of

                            (name) as (check one):

 

                      Owner

 

                      Lessee

 

                      Other (describe):                      

 

in that certain tract or parcel of land and premises described as Block     , Lot       , on the tax map of the          of        , County of           , State of New Jersey, for the improvement of which property the aforementioned work, services, materials or equipment was provided. 

   4.   The work, services, materials or equipment was provided pursuant to the terms of a written contract (or, in the case of a supplier, a delivery or order slip signed by the owner, contractor, or subcontractor having a direct contractual relation with a contractor, or an authorized agent of any of them), dated , between (claimant) and (name of other contracting party) of (address). 

   5.   The date of the provision of the last work, services, material or equipment for which payment is claimed is (date). 

                 NOTICE TO OWNER OF REAL PROPERTY

 

   Your real estate may be subject to sale to satisfy the amount asserted by this claim.  However, your real estate cannot be sold until the facts and issues which form the basis of this claim are decided in a legal proceeding before a court of law.  The lien claimant is required by law to commence suit to enforce this claim. 

   The claimant filing this lien claim shall forfeit all rights to enforce the lien and shall be required to discharge the lien of record, if the claimant fails to bring an action in the Superior Court, in the county in which the real property is situated, to establish the lien claim: 

   1.   Within one year of the date of the last provision of work, services, material or equipment, payment for which the lien claim was filed; or 

   2.   Within 30 days following receipt of written notice, by personal service or certified mail, return receipt requested, from the owner requiring the claimant to commence an action to establish the lien claim. 

   You will be given proper notice of the proceeding and an opportunity to challenge this claim and set forth your position. If, after you (and/or your contractor or subcontractor) have had the opportunity to challenge this lien claim, the court of law enters a judgment against you and in favor of the claimant filing this lien claim, and thereafter you fail to pay that judgment, your real estate may then be sold to satisfy the judgment. 

   You may choose to avoid subjecting your real estate to sale by doing either of the following: 

   1.   You (or your contractor or subcontractor) can pay the claimant and obtain a discharge of lien claim from the claimant; or 

   2.   You (or your contractor or subcontractor) can cause the lien claim to be discharged by filing a surety bond or making a deposit of funds as provided for in section 31 of P.L.1993, c.318 (C.2A:44A-31). 

   If you (or your contractor or subcontractor) choose to pay the claimant under 1. above, you will lose your right to challenge this lien claim in a legal proceeding before a court of law. 

   If you (or your contractor or subcontractor) choose to discharge the lien claim by filing a surety bond or making a deposit of funds as provided in section 31 of P.L.1993, c.318 (C.2A:44A-31), you will retain your right to challenge this lien claim in a legal proceeding before a court of law. 

              NOTICE TO SUBCONTRACTOR OR CONTRACTOR:

 

   This lien has been filed with the county clerk and served upon the owner of the real estate.  This lien places the owner on notice that the real estate may be sold to satisfy this claim unless the owner pays the claimed sum to this claimant. 

                             Signed                              

 

                             For                                 

 

                                 Individual, Firm or Corporation 

Date:

 

            CLAIMANT'S REPRESENTATION AND VERIFICATION

 

   Claimant represents and verifies that:

 

   1.   The amount claimed herein is due and owing at the date of filing, pursuant to claimant's contract described in the construction lien claim. 

   2.   The work, services, material or equipment for which this lien claim is filed was provided exclusively in connection with the improvement of the real property which is the subject of this claim. 

   3.   This claim has been filed within 90 days from the last date upon which the work, services, materials or equipment for which payment is claimed was provided. 

   4.   The foregoing statements made by me are true, to the best of my knowledge.  I am aware that if any of the foregoing statements made by me are false, this construction lien claim will be void and that I will be liable for damages to the owner or any other person injured as a consequence of the filing of this lien claim. 

                            Name of Claimant                     

                              Signed                               

                                        Type or Print Name and Title

Date: 

   L.1993,c.318,s.8.Â