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Lien waivers by state · New Jersey

New Jersey lien waiver requirements

New Jersey is a non-statutory state

New Jersey does not prescribe a mandatory statutory lien-waiver form, so waivers may be freely worded as long as they are clear. However, under N.J.S.A. 2A:44A-38, a waiver of construction lien rights is against public policy, unlawful, and void unless it is given in consideration for payment and is effective only to the extent payment is actually received—meaning advance (pre-payment) or contractual lien-rights waivers are unenforceable.

Statute: N.J.S.A. 2A:44A-38 (Construction Lien Law, N.J.S.A. 2A:44A-1 et seq.)

New Jersey lien waiver forms

The four standard waiver-and-release types and New Jersey’s rules for each.
Waiver type	Statutory form?	Notarized?
Conditional waiver and release on progress payment
Unconditional waiver and release on progress payment
Conditional waiver and release on final payment
Unconditional waiver and release on final payment

Requirements at a glance

Notarization: Lien waivers do not need to be notarized to be valid (notarization is only required for the lien claim itself, not waivers). A party may still request notarization by agreement.
Mandatory statutory language: New Jersey law does not provide or require specific waiver form language. To be valid a waiver should clearly state the amount waived and the property it applies to, be signed by the waiving party, and be given in consideration for (and effective only upon) actual payment.
Electronic signatures accepted

Key New Jersey deadlines

Preliminary / pre-lien notice: Not required on commercial/non-residential private projects (no preliminary notice or notice of intent). On residential projects, a Notice of Unpaid Balance and Right to File Lien must be filed within 60 days of last furnishing labor/materials (and paired with a demand for arbitration before a lien may be filed).
Notice of intent to lien: Not required (New Jersey does not require a notice of intent before filing a mechanics lien on private commercial projects).
Mechanics lien filing deadline: Within 90 days of last providing work, services, material, or equipment on non-residential/commercial projects; within 120 days on residential projects (residential also requires a prior Notice of Unpaid Balance and arbitration).

New Jersey lien waiver FAQ

Does New Jersey require a specific lien waiver form?

No. New Jersey does not have or require a specific statutory lien-waiver form, so waivers may be freely worded. They are valid as long as they clearly state the amount waived and the property involved, are signed, and are given in exchange for payment that is actually received.

Do lien waivers need to be notarized in New Jersey?

No. Lien waivers do not need to be notarized in New Jersey to be valid, though a party may request notarization by agreement. (Notarization is required only for the lien claim itself, not for waivers.)

Can lien waivers be signed electronically in New Jersey?

Yes. New Jersey has no rule requiring handwritten signatures on lien waivers, and under New Jersey's Uniform Electronic Transactions Act and the federal E-Sign Act, electronic signatures are generally as valid as ink signatures.

What is the deadline to file a mechanics lien in New Jersey?

On commercial/non-residential private projects you must file the lien claim within 90 days of last providing labor, services, materials, or equipment. On residential projects the deadline is 120 days, but you must first file a Notice of Unpaid Balance within 60 days and complete arbitration before filing.