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New Jersey Public Time Frames


Step 1: Bond Claim Notice
  • Written notice to the contractor prior to furnishing to trap funds and protect rights on full balance. No notice is necessary when contracting with the principal (prime contractor).

Bond link for NJ school projects: http://www.njsda.gov/ Select Performance and Payment Bonds under “How do I find?”


Step 2: Suit Against Bond
  • After the expiration of 90 days from the above notification, but within 1 year of last furnishing.

Bond Bits

  • Contracts less than $200,000 (state) $100,000 (county, municipality, or school district) may be excluded from bond requirements.
  • Amount of Bond: 100% of contract price.
  • P3 County Hospital Authorities SB2361 allows certain hospitals to enter into P3 projects. Payment bonds are required to be posted.
  • P3 August 2018 S865 state buildings and highway infrastructure will require performance and payment bonds.

New Jersey Municipal Mechanic's Lien Time Frames


Step 1: Public Improvement Lien Notice
  • Written notice, filed with the appropriate public agency. Any person who may seek to assert a lien under the NJ statute shall, within 20 days of the first performance of work or performance of work or delivery of labor or materials to a subcontractor, file with the municipal clerk, the chief financial officer of the county or the chairman of the commission, board or authority, whichever is appropriate, written notice that he or she has furnished labor or materials to the subcontractor. (N.J.S.A. 2A:44-128), must be served within 20 days of first performance of labor or materials. 
    MLBS Clients: How to request this service.
    Be sure to request Bond Claim / Public Improvement Lien to request both services. Public Improvement Liens are filed by local counsel.

Step 2: Suit
  • Any time that he or she wishes to foreclose on the lien provided that funds remain in the hands of the public owner and 60 days have not passed since the date the general/prime contractor completed its work or the public agency accepted its work as being completed by resolution.