What is a preliminary lien notice and when is it necessary?
A preliminary lien notice is an important document in New Jersey construction law. It is a document sent by material suppliers or contractors that works on a specific construction project to inform the owner that they have provided labor or materials to the project and may have a right to a lien if they are not paid. The notice is usually served before the project is completed and is necessary to protect the unpaid suppliers and contractors from not getting paid. In New Jersey, the preliminary lien notice is required by law to be given at least forty-five (45) days before filing of a lien. The notice must include the name of the claimant, the names of the contractors and subcontractors involved, and the names of the owners of the property. It should also include the amount of money owed, the type of material used, and a general description of the project. The notice must be given to the owners of the property before the lien can be filed. If the notice is not sent in a timely manner, the lien may not be valid. After receiving the notice, the owners can then take action to make sure the bills are paid or create a bond that will pay the debt if it is not satisfied. In New Jersey, a lien will be valid and enforceable for six (6) months, so it is important for the notice to be given in a timely manner so that the claimants have the best chance of being paid.
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