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Complex Civil Litigation

8/6/2009
Frank T. Luciano, Esq.
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CONSTRUCTION LAW IN BERGEN AND PASSAIC COUNTIES: INOTICE RESPONSIBILITY UNDER NEW JERSEY'S CONSTRUCTION LIEN LAW

CONSTRUCTION LAW IN BERGEN AND PASSAIC COUNTIES:
NOTICE RESPONSIBILITY UNDER
NEW JERSEY'S  CONSTRUCTION LIEN LAW


After a construction lien has been filed under New Jersey's Construction Lien Law (Act), the lien claimant must serve a copy of the lien on the person or entity that owns  the land as well as certain others. Service of the construction lien  must be effectuated ten (10) days after the  lien has filed and it must be made in person, by registered mail or certified mail.  Improper service can render the construction lien unenforceable. If the construction lien is served late, it may not be invalidated unless the other party can show "material prejudice".

Once a landowner has received a copy of the construction lien, the contractor can be required to provide a writing that identifies other potential construction lien claimants. A lien claimant who has received a request of this nature, must respond in writing within ten (10) days of the demand. This provision of the Act allows a landowner to maintain vigilance as to whether other service or  material providers have been paid. A lien claimant's  failure to provide complete list can expose the claimant to various sanctions including, the payment of attorney fees and other costs. 



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