A Construction Lien Law Primer

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Gary S. Forshner, Shareholder in Stark & Stark’s Real Estate, Zoning & Land Use Group, authored the article, A Construction Lien Law Primer, for the January 31, 2011 New Jersey Law Journal’s Real Estate, Title Insurance & Construction Law Supplement.

The Construction Lien Law provides a methodology for securing payment to contractors, subcontractors and material suppliers on construction jobs. The Construction Lien Law was adopted in 1993 and replaced the Mechanics Lien Law. A significant overhaul of the Construction Lien Law, proposed as Bill A-410, providing primarily procedural changes as to how construction liens are to be secured, and paid, was recommended by the Law Revision Commission after significant input by various stakeholder groups. The Bill passed the NJ Assembly 80-0 on June 21, 2010 and the NJ Senate 36-0 on November 22, 2010. The bill sits on the governor's desk where it expected to be signed into law. Amongst the numerous changes from prior law, the Bill includes updated provisions affecting landlord and tenant, homeowner associations, arbitration provisions, clarifications addressing ambiguities in the previous statute and issues that arose as a matter of case law in the intervening 17 years.

You can read the full article online here.
 

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