CONSTRUCTION LAW IN BERGEN AND PASSAIC COUNTIES: THE WRITING REQUIREMENT UNDER NEW JERSEY'S CONSTRUCTION LIEN LAW

One of the most important aspects of the Act requires the existence of a written contract.(Writing Requirement). Absent a written contract that comports with the terms of the Act, the lien claimant may not file a construction lien. If one is filed without satisfying the Writing Requirement, the lien claimant will suffer serious consequences. 

The Writing Requirement was implemented to provide a solid factual basis to identify the various parties' rights and responsibilities and thus avoid the unnecessary legal costs and expense associated with enforcement. The Writing Requirement also allows other people (i.e. prospective buyers, lenders, etc.) involved with construction projects the opportunity to determine the merits of a construction lien.

The Act does not require a well integrated writing to form a contract. A collection of writings defining the terms of the arrangement will suffice. There is a specific provision in the Act that will allow suppliers who provide materials to a job site to satisfy the Writing Requirement with a delivery slip. The delivery slip, however, must be signed by an authorized agent of the property owner, the contractor, a subcontractor or someone else that has apparent authority to acknowledge delivery.