ASSEMBLY, No. 130

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblymen JONES and LUSTBADER

 

 

An Act concerning construction lien filings supplementing and amending P.L.1993, c.318.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. Section 2 of P.L.1993, c.318 (C.2A:44A-2) is amended to read as follows:

    2. As used in this act:

    "Claimant" means a person, as defined in R.S.1:1-2, having the right to file a lien claim on real property pursuant to the provisions of this act.

    "Contract" means any agreement, or amendment thereto, in writing, evidencing the respective responsibilities of the contracting parties, which, in the case of a supplier, shall include a delivery or order slip signed by the owner, contractor, or subcontractor having a direct contractual relation with a contractor, or an authorized agent of any of them.

    "Contract price" means the amount specified in a contract for the provision of work, services, material or equipment.

    "Contractor" means any person in direct privity of contract with the owner of real property for improvements thereto. A construction manager who enters into a single contract with an owner for the performance of all construction work within the scope of a construction manager's contract, a construction manager who enters into a subcontract, or a construction manager who is designated as an owner's agent without entering into a subcontract is also a "contractor" for the purposes of this act. A licensed architect, engineer or land surveyor who is not a salaried employee of the contractor or the owner, performing professional services related to the improvement of property in direct contract with the property owner shall be considered a "contractor" for the purposes of this act.

    "County [clerk] recording officer" means the clerk or the register of deeds in counties having a register of deeds, of the county in which real property to be improved is situated.

    "Equipment" means any machinery or other apparatus, including rental equipment delivered to the site to be improved or used on the site to be improved, for incorporation in the improved real property or for use in the construction of the improvement of the real property but not incorporated therein. A lien for equipment shall arise only for equipment used on site for the improvement of real property, including equipment installed in the improved real property. In the case of rental equipment, the amount of any lien shall be limited to the rental rates as set forth in the rental contract.

    "Filing" means the [lodging for record] filing and indexing of the documents authorized to be filed [or recorded] and indexed pursuant to this act in the office of the county [clerk] recording officer, or, in the case of real property located in more than one county, in the office of the county [clerk] recording officer of each such county.

    "Improvement" means any actual or proposed physical changes to real property by the provision of work or services by a contractor or subcontractor, pursuant to the terms of a contract, whether or not such physical change is undertaken, and includes the construction, reconstruction, alteration, repair, demolition or removal of any building or structure, any addition to a building or structure, or any construction or fixture necessary or appurtenant to a building or structure for use in conjunction therewith. "Improvement" includes excavation, digging, drilling, drainage, dredging, filling, irrigation, land clearance, grading or landscaping. "Improvement" shall not include the mining of minerals or removal of timber, gravel, soil, or sod which is not integral to or necessitated by the improvement to real property. "Improvement" shall not include public works or improvements to real property contracted for and awarded by a public entity. Any work or services requiring a license for performance including, but not limited to, architectural, engineering, plumbing or electrical construction, shall not constitute an improvement unless performed by a licensed claimant.

    "Interest in real property" means any ownership, possessory security or other enforceable interest, including, but not limited to, fee title, easement rights, covenants or restrictions, leases and mortgages.

    "Lien" or "construction lien" means a lien on the owner's interest in the real property arising pursuant to the provisions of this act.

    "Material" means any goods delivered to, or used on the site to be improved, for incorporation in the improved real property, or for consumption as normal waste in construction operations; or for use on site in the construction or operation of equipment used in the improvement of the real property but not incorporated therein. The term "material" does not include fuel provided for use in motor vehicles or equipment delivered to or used on the site to be improved.

    "Mortgage" means a loan which is secured by a lien on real property.

    "Owner" or "owner of real property" means any person, including a tenant, with an estate or interest in real property who personally or through an authorized agent enters into a contract for improvement of the real property.

    "Public entity" includes the State, and any county, municipality, district, public authority, public agency, and any other political subdivision or public body in the State.

    "Residential construction contract" means any written

 contract for the construction or improvement to a one- or two-family dwelling, or any portion of the dwelling, which shall include any residential unit in a condominium subject to the provisions of P.L.1969, c.257 (C.46:8B-1 et seq.), any residential unit in a housing cooperative, any residential unit contained in a fee simple townhouse development, any residential unit contained in a horizontal property regime as defined in section 2 of P.L.1963, c.168 (C.46:8A-2), and any residential unit contained in a planned unit development as defined in section 3.3 of P.L.1975, c.291 (C.40:55D-6).

    "Residential purchase agreement" means a written contract between a buyer and a seller for the purchase of a one- or two-family dwelling, any residential unit in a condominium subject to the provisions of P.L.1969, c.257 (C.46:8B-1 et seq.), any residential unit in a housing cooperative, any residential unit contained in a fee simple townhouse development, any residential unit contained in a horizontal property regime as defined in section 2 of P.L.1963, c.168 (C.46:8A-2), and any residential unit contained in a planned unit development as defined in section 3.3 of P.L.1975, c.291 (C.40:55D-6).

    "Services" means professional services performed by a licensed architect, engineer or land surveyor who is not a salaried employee of the contractor, a subcontractor or the owner and who is in direct privity of contract with the owner for the preparation of plans, documents, studies, or the provision of other services by a licensed architect, engineer or land surveyor prepared in connection with a proposed or an actual physical change to real property, whether or not such physical change is undertaken.

    "State" means the State of New Jersey and any office, department, division, bureau, board, commission or agency of the State.

    "Subcontractor" means any person providing work or services in connection with the improvement of real property pursuant to a contract with a contractor or pursuant to a contract with a subcontractor in direct privity of contract with a contractor.

    "Supplier" means any supplier of material or equipment, including rental equipment, having a direct privity of contract with an owner, contractor or subcontractor in direct privity of contract with a contractor. The term "supplier" shall not include a person who supplies fuel for use in motor vehicles or equipment delivered to or used on the site to be improved or a seller of personal property who has a security agreement providing a right to perfect either a security interest pursuant to Title 12A of the New Jersey Statutes or a lien against the motor vehicle pursuant to applicable law.

    "Work" means any activity, including labor, performed in connection with the improvement of real property. The term "work" includes architectural, engineering or surveying services provided by salaried employees of a contractor or subcontractor, as part of the work of the contractor or subcontractor, provided, however, that the right to file a lien claim for those services shall be limited to the contractor or subcontractor.

(cf: P.L.1993, c.318, s.2)

  

    2. Section 5 of P.L.1993, c.318 (C.2A:44A-5) is amended to read as follows:

    5. No liens shall attach nor shall a lien claim be filed:

    a. For materials that have been furnished or delivered subject to a security agreement which has been entered into pursuant to Chapter 9 of Title 12A of the New Jersey Statutes (N.J.S.12A:9-101 et seq.);

    b. For public works or improvements to real property contracted for and awarded by a public entity; provided, however, that nothing herein shall affect any right or remedy established pursuant to the "municipal mechanic's lien law," N.J.S.2A:44-125 et seq.;

    c. For work, services, material or equipment furnished pursuant to a residential construction contract unless there is [strict] compliance with sections 20 and 21 of this act.

(cf: P.L.1993, c.318, s.5)

 

    3. Section 6 of P.L.1993, c.318 (C.2A:44A-6) is amended to read as follows:

    6. A lien claim shall be signed, acknowledged and verified by oath of the claimant or, in the case of a partnership or corporation, a partner or duly authorized officer thereof, and filed with the county [clerk] recording officer not later than 90 days following the date the last work, services, material or equipment was provided for which payment is claimed. No lien shall attach, or be enforceable under the provisions of this act and, in the case of a residential construction contract, compliance with sections 20 and 21 of this act, unless the lien claim is filed in the form, manner and within the time provided by this section and section 8 of this act, and a copy thereof served on the owner and, if any, the contractor and the subcontractor, against whom the claim is asserted, pursuant to section 7 of this act.

    For purposes of this act, warranty or other service calls, or other work, materials or equipment provided after completion or termination of a claimant's contract shall not be used to determine the last day that work, services, material or equipment was provided.

(cf: P.L.1993, c.318, s.6)

 

    4. Section 8 of P.L.1993, c.318 (C.2A:44A-8) is amended to read as follows:

    8. The lien claim shall be filed in substantially the following form:

CONSTRUCTION LIEN CLAIM

TO THE [CLERK] RECORDING OFFICER, COUNTY OF :

 

    In accordance with the terms and provisions of the "Construction Lien Law," P.L.1993, c.318 (C.2A:44A-1 et al.), notice is hereby given that:

    1. (Name of claimant) of (address of claimant) has on (date) claimed a construction lien against the below stated real property of (owner against whose property the lien is claimed), in the amount of ($ ), for the value of the work, services, material or equipment provided in accordance with a contract with (name of contracting party with whom claimant has a contract) for the following work, services, materials or equipment:

    a.

    b.

    c. (etc.)

    2. The amount due for work, services, materials or equipment delivery provided by claimant in connection with the improvement of the real property, and upon which this lien claim is based, is as follows:

    Total contract amount:                              $

    Amendments to contract:                          $

    Total contract amount and

            amendments to contract:                    $

    Less: Agreed upon credits:                       $

    Contract amount paid to date:                    $

    Amendments to contract amount

            paid to date:                                       $

    TOTAL REDUCTIONS FROM

    CONTRACT AMOUNT AND

    AMENDMENTS TO CONTRACT:        $

    TOTAL LIEN CLAIM AMOUNT:         $

 

    A Notice of Unpaid Balance and Right to File Lien (if any) was previously filed with the county [clerk] recording officer of County on [19] (date) as No. [in Book Page ].

    3. This construction lien is claimed against the interest of


              (name) as (check one):

                                                                Owner

                                                                Lessee

                                                                Other (describe): in that certain tract or parcel of land and premises described as Block , Lot , on the tax map of the of , County of , State of New Jersey, more commonly known as (street address), for the improvement of which property the aforementioned work, services, materials or equipment was provided.

    4. The work, services, materials or equipment was provided pursuant to the terms of a written contract (or, in the case of a supplier, a delivery or order slip signed by the owner, contractor, or subcontractor having a direct contractual relation with a contractor, or an authorized agent of any of them), dated , between (claimant) and (name of other contracting party) of (address).

    5. The date of the provision of the last work, services, material or equipment for which payment is claimed is (date).

NOTICE TO OWNER OF REAL PROPERTY

    Your real estate may be subject to sale to satisfy the amount asserted by this claim. However, your real estate cannot be sold until the facts and issues which form the basis of this claim are decided in a legal proceeding before a court of law. The lien claimant is required by law to commence suit to enforce this claim.

    The claimant filing this lien claim shall forfeit all rights to enforce the lien and shall be required to discharge the lien of record, if the claimant fails to bring an action in the Superior Court, in the county in which the real property is situated, to establish the lien claim:

    1. Within one year of the date of the last provision of work, services, material or equipment, payment for which the lien claim was filed; or

    2. Within 30 days following receipt of written notice, by personal service or certified mail, return receipt requested, from the owner requiring the claimant to commence an action to establish the lien claim.

    You will be given proper notice of the proceeding and an opportunity to challenge this claim and set forth your position. If, after you (and/or your contractor or subcontractor) have had the opportunity to challenge this lien claim, the court of law enters a judgment against you and in favor of the claimant filing this lien claim, and thereafter you fail to pay that judgment, your real estate may then be sold to satisfy the judgment.

    You may choose to avoid subjecting your real estate to sale by doing either of the following:

    1. You (or your contractor or subcontractor) can pay the claimant and obtain a discharge of lien claim from the claimant; or

    2. You (or your contractor or subcontractor) can cause the lien claim to be discharged by filing a surety bond or making a deposit of funds as provided for in section 31 of P.L.1993, c.318 (C.2A:44A-31).

    If you (or your contractor or subcontractor) choose to pay the claimant under 1. above, you will lose your right to challenge this lien claim in a legal proceeding before a court of law.

    If you (or your contractor or subcontractor) choose to discharge the lien claim by filing a surety bond or making a deposit of funds as provided in section 31 of P.L.1993, c.318 (C.2A:44A-31), you will retain your right to challenge this lien claim in a legal proceeding before a court of law.

NOTICE TO SUBCONTRACTOR OR CONTRACTOR:

    This lien has been filed with the county [clerk] recording officer and served upon the owner of the real estate. This lien places the owner on notice that the real estate may be sold to satisfy this claim unless the owner pays the claimed sum to this claimant.

      Signed

      For

                   Individual, Firm or Corporation

Date:

CLAIMANT'S REPRESENTATION AND [VERIFICATION]

CERTIFICATION

 

    Claimant represents and [verifies] certifies that:

    1. The amount claimed herein is due and owing at the date of filing, pursuant to claimant's contract described in the construction lien claim.

    2. The work, services, material or equipment for which this lien claim is filed was provided exclusively in connection with the improvement of the real property which is the subject of this claim.

    3. This claim has been filed within 90 days from the last date upon which the work, services, materials or equipment for which payment is claimed was provided.

    4. [The] I certify that the foregoing statements made by me are true, to the best of my knowledge. I am aware that if any of the foregoing statements made by me are false, this construction lien claim will be void and that I will be liable for damages to the owner or any other person injured as a consequence of the filing of this lien claim. I further acknowledge that if the statements contained herein are willfully false, I am subject to punishment.

                                                            Name of Claimant

                                                            Signed

                                                            Type or Print Name and Title

    Date:

(cf: P.L.1993, c.318, s.8)

 

    5. Section 11 of P.L.1993, c.318 (C.2A:44A-11) is amended to read as follows:

    11. A lien claim may be amended by the filing of an amendment with the county [clerk] recording officer. The amended lien claim shall comply with all the conditions and requirements for the filing of a lien claim, including the notice requirements of section 7 of this act, as well as the conditions and requirements of this section and subject to the limitations of section 10 of this act. That portion of the amended lien claim in excess of the amount previously claimed shall attach as of the date of filing of the amended lien claim.

    The amended lien claim shall be filed in substantially the following form:

AMENDMENT TO CONSTRUCTION LIEN CLAIM

TO THE [CLERK] RECORDING OFFICER, COUNTY OF :

    On (date), the undersigned claimant, (name of claimant) of (address of claimant), filed a CONSTRUCTION LIEN CLAIM in the amount of ($ ) DOLLARS for the value of the work, services, material or equipment provided in accordance with the contract between claimant and (name) as of (date).

    This construction lien claim was claimed against the interest of (name) as (check one):

                                                    Owner

                                                    Lessee

                                                    Other (describe):

in that certain tract or parcel of land and premises described as Block , Lot , on the tax map of the of , County of , State of New Jersey, more commonly known as (street address), for the improvement of which property the aforementioned work, services, materials or equipment was provided.

    This amends a lien claim which was previously filed with the county [clerk] recording officer of County on [, 19] (date) as No. [in Book No. , Page ]. A Notice of Unpaid Balance and Right to File Lien (if any) was previously filed with the county [clerk] recording officer of on [, 19] (date) as No. [in Book No. , Page ].

    Amendments to the original claim were recorded in the office of the county [clerk] recording officer on [, 19] (date) (as No. [in Book No. , Page ]. (Complete if applicable)

    Effective the date of the filing of this AMENDMENT TO CONSTRUCTION LIEN CLAIM, the value of the lien is claimed to be in the total amount of ($ ) DOLLARS, inclusive of all prior lien claims or amendments thereof.

    The work, services, material or equipment provided upon which this Amendment is made are:


    a.

    b.

    c. (etc.)

    The date of the provision of the last work, services, material or equipment for which payment is claimed is (date).

NOTICE TO OWNER OF REAL PROPERTY

(Same as for lien claim)

 

NOTICE TO SUBCONTRACTOR OR CONTRACTOR

(Same as for lien claim)

 

CLAIMANT'S REPRESENTATION AND [VERIFICATION]

CERTIFICATION

(Same as for lien claim)

(cf: P.L.1993, c.318, s.11)

 

    6. Section 13 of P.L.1993, c.318 (C.2A:44A-13) is amended to read as follows:

    13. a. Each county [clerk] recording officer shall provide [a book designated as the "Construction Lien Book"]an index in which each [clerk] recording officer shall enter each Notice of Unpaid Balance and Right to File Lien and Amended Notice of Unpaid Balance and Right to File Lien, and each lien claim and amended lien claim, and each discharge, subordination or release of a lien claim or Notice of Unpaid Balance and Right to File Lien and each continuation of a perfected lien claim presented for filing pursuant to the provisions of this act.

    b. [The county clerk shall cause marginal notations to be made upon each document filed pursuant to this act, as follows: upon each Notice of Unpaid Balance and Right to File Lien whenever an Amended Notice of Unpaid Balance and Right to File Lien or a discharge relative thereto is filed; upon each lien claim whenever an amended lien claim relative thereto is filed; upon each Notice of Unpaid Balance and Right to File Lien whenever a lien claim or amended lien claim relative thereto is filed; upon each lien claim or amended lien claim whenever a discharge, subordination or release of a lien claim relative thereto is filed. In addition, the clerk shall cause a notation of the date of commencement of an action to enforce a lien claim to be made upon the lien claim or amended lien claim relative thereto. The failure of the clerk to cause a marginal notation to be made shall not affect the validity or enforceability of any document filed pursuant to this act.](Deleted by amendment P.L. , c. ).

    c. The county [clerk] recording officer shall provide and maintain on a daily basis an index [book designated as the "Construction Lien Index Book,"]setting forth therein in alphabetical order, arranged by the names of the owners, and by the names of the claimants, each Notice of Unpaid Balance and Right to File Lien, Amended Notice of Unpaid Balance and Right to File Lien, lien claim, amended lien claim, discharge, subordination and release of a lien claim or Notice of Unpaid Balance and Right to File Lien.

    d. Each county [clerk] recording officer shall charge the following fees for [the] filing and [marginal notation of the] indexing documents authorized to be filed and indexed by this act:

Each Notice of Unpaid Balance

    and Right to File Lien or Amended

    Notice of Unpaid Balance and Right

    to File Lien [$4.50] $15.

Each lien claim or amended lien claim. [$4.50] $15.

Each discharge, subordination or

    release of lien claim or release of

    Notice of Unpaid Balance and Right

    to File Lien [$2.00] $15

[Each marginal notation $1.00]

 

Any other filing $15.

(cf: P.L.1993, c.318, s.13)

 

    7. Section 14 of P.L.1993, c.318 (C.2A:44A-14) is amended to read as follows:

    14. a. A claimant filing a lien claim shall forfeit all rights to enforce the lien, and shall immediately discharge the lien of record, if the claimant fails to bring an action in the Superior Court, in the county in which the real property is situated, to establish the lien claim:

    (1) Within one year of the date of the last provision of work, services, material or equipment, payment for which the lien claim was filed; or

    (2) Within 30 days following receipt of written notice, by personal service or certified mail, return receipt requested, from the owner requiring the claimant to commence an action to establish the lien claim.

    b. Any lien claimant who forfeits a lien pursuant to subsection a. of this section and fails to discharge that lien of record in accordance with section 30 of this act, shall be liable for all court costs, and reasonable legal expenses, including attorneys' fees, incurred by the owner, the contractor, or subcontractor, or any combination, in defending or causing the discharge of the lien claim. The court may, in addition, enter judgment against the claimant for damages to any of the parties adversely affected by the lien claim.

    c. Whenever any claimant shall commence an action in the Superior Court of New Jersey to enforce a lien claim as provided by this act, the claimant shall cause a Notice of Lis Pendens to be filed in the office of the county [clerk or register] recording officer pursuant to the provisions of N.J.S.2A:15-6 et seq.

    d. Any disputes arising out of the improvement which is the subject of a lien claim but which are unrelated to any action to enforce a lien claim may be brought in a separate action.

(cf: P.L.1993, c.318, s.14)

 

    8. Section 18 of P.L.1993, c.318 (C.2A:44A-18) is amended to read as follows:

  18. This section shall solely apply to work, services, material or equipment furnished under a residential construction contract.

    a. If a lien attaches to an interest in real property, the lien claimant shall release a proportionate share of the interest in real property from the lien upon receipt of payment for that proportionate share by the following partial release:

 

                                                 Prepared By:

 

                                                                                                     

                                    This release is made on (date)

 

BY the Lien Claimant,

 

 

 

                                                                        (referred to as "I" or "me")

 

To the Owner,

 

 

 

 

 

                                                                         (referred to as "You)

 

If more than one person signs this release, the word "I" shall mean "We."

 

Release.          I hold a lien claim on property owned by you. I agree to change the lien claim by removing some of the property covered by the lien claim. This property is released or freed from the lien claim. The rest of the property (not released) remains subject to the lien claim. I have been paid $ for making this Release.


Lien Claim.                 The lien claim I hold is dated and was made by to . The lien claim was filed on (date) in the office of the County Recording Officer of County, New Jersey, and is indexed as number . The amount of the original lien claim is $ .

 

 

 

Release of Property.          The property which is released from and no longer subject to the lien claim is located in in the County of and State of New Jersey. The property includes: (a) the land; (b) all buildings that are located on the land; (c) all fixtures that are attached to the land, building or buildings, as the case may be, for example, furnaces, bathroom fixtures and kitchen cabinets; and (d) all other rights that I now have relating to the property. The legal description of the released property is:

    All that certain lot, tract or parcel of land and premises hereinafter particularly described, situate and being in the , County of , New Jersey:

    And being commonly known as (street address).

 

Who is Bound.                        This release is binding upon me and all who succeed to my rights as lien claimant.

 

Signatures.                  I agree to the Release. If this Release is made by a corporation, its proper corporate officers sign and its corporate seal is affixed.

 

 

WITNESS OR ATTEST:

 

 

                                    

 

 

STATE OF NEW JERSEY:

 

COUNTY OF

 

I CERTIFY that on (date), personally came before me, and this person acknowledged under oath, to my satisfaction, that:

 

 

Signed and sworn before me

this day of (date).

                                  

A Notary Public of the State of New Jersey

 

    b. This proportionate share shall be calculated in the following manner:

    [a.](1) If there is a contract between the lien claimant and the owner which provides for an allocation by lot or tract, that allocation of the proportionate share shall be binding upon the lien claimant.

    [b.](2) If the work performed by the lien claimant was for a condominium in which a master deed is filed before the lien attaches, or for work performed for a cooperative in which a master declaration is filed before the lien attaches, then the proportionate share shall be allocated in an amount equal to the percentage of common elements attributable to each unit.

    [c.](3) If subsection a. or b. of this section does not apply, then the lien shall not be released as to any portion of the interest in real property unless the lien claimant and the owner otherwise agree in a writing signed by both parties.

    [d.]c. If a lien claimant receives payment of its proportionate share but refuses to discharge its lien claim, then upon application to a court having jurisdiction thereof, the court shall order the discharge of the lien claim to the extent of that proportionate share. The lien claimant shall be further subject to the provisions of section 30 of this act , and any amounts to be paid shall be paid from the amount due the claimant.

(cf: P.L.1993, c.318, s.18)

 

     9. Section 20 of P.L.1993, c.318 (C.2A:44A-20) is amended to read as follows:

    20. All valid liens filed pursuant to this act shall attach to the interest of the owner from the time of filing of the lien claim in the office of the county [clerk] recording officer, subject to the provisions of section 10 of this act.

    a. In the event of the creation, conveyance, lease or mortgage of an estate or interest in real property to which improvements have been made that are subject to the lien provisions of this act, a lien claim validly filed under this act shall have priority over any prior creation, conveyance, lease or mortgage of an estate or interest in real property, only if the claimant has filed with the county [clerk] recording officer prior to that creation, conveyance, lease or mortgage, a Notice of Unpaid Balance and Right to File Lien in substantially the following form:

NOTICE OF UNPAID BALANCE AND RIGHT TO FILE LIEN

    TO THE [CLERK] RECORDING OFFICER, COUNTY OF :

    In accordance with the terms and provisions of the "Construction Lien Law," P.L.1993, c.318 (C.2A:44A-1 et al.), notice is hereby given that:

    1. (Name of claimant) of (address of claimant) has on (date) a potential construction lien against the below described property of (owner against whose property the lien will be claimed), in the amount of ($ ), for the value of the work, services, material or equipment provided in accordance with a contract with (name of contracting party with whom claimant has a contract) for the following work, services, materials or equipment:

    a.

    b.

    c. (etc.)

    2. The amount due for work, services, materials or equipment provided by claimant in connection with the improvement of the real property, and upon which this lien claim is based is as follows:

    Total contract amount:                              $

    Amendments to contract:                          $

    Total contract amount and

            amendments to contract:                     $

    Less: Agreed upon credits:                       $

    Contract amount paid to date:                $

    Amendments to contract

            amount paid to date:                          $

    TOTAL REDUCTIONS FROM

    CONTRACT AMOUNT AND

    AMENDMENTS TO CONTRACT:        $

    TOTAL LIEN CLAIM AMOUNT:         $

    3. This construction lien is claimed against the interest of (name) as (check one):  

                            Owner

                            Lessee

                            Other (describe): in that certain tract or parcel of land and premises described as Block , Lot , on the tax map of the of , County of , State of New Jersey, more commonly known as (street address), for the improvement of which property the aforementioned work, services, materials or equipment was provided.

    4. The work, services, materials or equipment was provided pursuant to the terms of a written contract (or, in the case of a supplier, a delivery or order slip signed by the owner, contractor, or subcontractor having a direct contractual relation with a contractor, or an authorized agent of any of them), dated , between (claimant) and (name of other contracting party) of (address).

    5. The date of the provision of the last work, services, material or equipment for which payment is claimed is (date).

    6. The written contract (is) (is not) (cross out inapplicable portion) a residential construction contract as defined in section 2 of this act.

    7. This notification has been filed prior or subsequent to completion of the work, services, materials or equipment as described above. The purpose of this notification is to advise the owner and any other person who is attempting to encumber or take transfer of said property described above that a potential construction lien may be filed within the 90 day period following the date of the provision of the last work, services, materials or equipment as set forth in paragraph 5.

                        Claimant

 

CLAIMANT'S REPRESENTATION AND [VERIFICATION]

CERTIFICATION

    Claimant represents and [verifies] certifies that:

    1. The amount claimed herein is due and owing at the date of filing, pursuant to claimant's contract described in the Notice of Unpaid Balance and Right to File Lien.

    2. The work, services, material or equipment for which this Notice of Unpaid Balance and Right to File Lien is filed was provided exclusively in connection with the improvement of the real property which is the subject of this Notice of Unpaid Balance and Right to File Lien.

    3. The Notice of Unpaid Balance and Right to File Lien has been filed within 90 days from the last date upon which the work, services, materials or equipment for which payment is claimed was provided.

    4. [The] I certify that the foregoing statements made by me are true, to the best of my knowledge. I am aware that if any of the foregoing statements made by me are false, this Notice of Unpaid Balance and Right to File Lien will be void and that I will be liable for damages to the owner or any other person injured as a consequence of the filing of this notice.

                                     Name of Claimant

                                    Signed

                                                            (Type or Print Name and Title)

Date:  

    b. In the event that the claimant elects to file a Notice of Unpaid Balance and Right to File Lien as described above, it shall not be necessary to serve a copy of said Notice of Unpaid Balance and Right to File Lien upon any interested party.

    c. After the filing of a Notice of Unpaid Balance and Right to File Lien, any person claiming title to or an estate or interest in or a lien upon the real property described in the Notice of Unpaid Balance and Right to File Lien, shall be deemed to have acquired said title, estate, interest or lien with knowledge of the anticipated filing of a lien claim, and shall be subject to the terms, conditions and provisions of that lien claim within the period provided by section 6 of this act and as set forth in the Notice of Unpaid Balance and Right to File Lien. A Notice of Unpaid Balance and Right to File Lien filed under the provisions of this act shall be subject to the effect of a notice of settlement filed pursuant to P.L.1979, c.406 (C.46:16A-1 et seq.).

    d. The Notice of Unpaid Balance and Right to File Lien shall be effective for 90 days from the date of the provision of the last work, services, materials or equipment delivery for which payment is claimed as set forth in paragraph 5 of the Notice of Unpaid Balance and Right to File Lien.

    e. The filing of a Notice of Unpaid Balance and Right to File Lien shall not constitute the filing of a lien claim in accordance with the provisions of this act, nor does it extend the time for the filing of a lien claim in accordance with the provisions of this act.

    f. Failure to file a Notice of Unpaid Balance and Right to File Lien shall not affect the claimant's lien rights arising under the provisions of this act, to the extent that no creation, conveyance, lease or mortgage of an interest in real property has taken place prior to the filing of a Notice of Unpaid Balance and Right to File Lien or lien claim.

    g. A Notice of Unpaid Balance and Right to File Lien may be amended by the filing of an Amended Notice of Unpaid Balance and Right to File Lien in accordance with the provisions of this section and in substantially the following form:

AMENDMENT TO NOTICE OF UNPAID BALANCE AND

RIGHT TO FILE LIEN

 

TO THE RECORDING OFFICER, COUNTY OF

 

    On (date), the undersigned, , of , filed a NOTICE OF UNPAID BALANCE AND RIGHT TO FILE LIEN in the amount of ($ ) DOLLARS for the value of the work, services, material or equipment provided in accordance with the contract between claimant and as of .

     This construction lien is to be claimed against the interest of (name) as (check one):

 

                                                                            Owner

                                                                            Lessee

                                                                            Other (describe) in that certain tract or parcel of land and premises described as Block , Lot , on the tax map of the of , County of , State of New Jersey, commonly known as (street address), for the improvement of which property the aforementioned work, services, materials or equipment was or were provided.

 

    This amends a Notice of Unpaid Balance and Right to File Lien which was previously filed with the Recording Officer of County on (date) as No. . (Complete the following, if applicable) Prior amendments to the Notice of Unpaid Balance and Right to File Lien were filed with the County Recording Officer on (date) as No. .

 

    Effective the date of filing this AMENDMENT TO NOTICE OF UNPAID BALANCE AND RIGHT TO FILE LIEN, the value of the lien to be claimed is the total amount of ($ ) DOLLARS, inclusive of all prior Notices of Unpaid Balance and Right to File Lien or amendments thereof.

 

    The work, services, material or equipment provided upon which this Amendment is made is or are:

 

                        a.

                        b.

                        c. (etc.)

 

    The date of the provision of the last work, services, material or equipment for which payment is claimed is .

 

    The written contract (is)(is not)(cross out inapplicable portion) a residential construction contract as defined pursuant to section 2 of the "Construction Lien Law," P.L.1993, c.318 (C.2A:44A-1 et seq.).

    This amended notification has been filed prior or subsequent to completion of the work, services, materials or equipment delivery as described above. The purpose of this notification is to advise the owner and any other person who is attempting to encumber or take transfer of said property described above that a potential construction lien may be filed within the 90 day period following the date of the provision of the last work, services, materials or equipment delivery as set forth above.

 

                                                                             (Name)

                                                                             (Signature)

                                                                             (Name of Claimant)

CLAIMANT'S REPRESENTATION AND CERTIFICATION

 

                        Claimant represents and certifies that:

 

            1. The amount claimed herein is due and owing at the date of filing, pursuant to claimant's contract described in the Notice of Unpaid Balance and Right to File Lien.

            2. The work, services, material or equipment for which this Amendment to Notice of Unpaid Balance and Right to File Lien is filed was or were provided exclusively in connection with the improvement of the real property which is the subject of this Notice of Unpaid Balance and Right to File Lien.

            3. This Amendment to Notice of Unpaid Balance and Right to File Lien has been filed within 90 days from the last date upon which the work, services, materials or equipment for which payment is claimed was or were provided.

            4. I certify that the foregoing statements made by me are true, to the best of my knowledge. I am aware that if any of the foregoing statements made by me are false, the Notice of Unpaid Balance and Right to File Lien which this amends will be void and that I will be liable for damages to the owner or any other person injured as a consequence of the filing of this amended notice.

 

                                    Name of Claimant

                                    Signed

 

            (Type or Print Name and Title of Person Signing Form)

    Date:

(cf: P.L.1993, c.318, s.20)

 

    10. Section 21 of P.L.1993, c.318 (C.2A:44A-21) is amended to read as follows:

    21. a. The Legislature finds that the ability to sell and purchase residential housing is essential for the preservation and enhancement of the economy of the State of New Jersey and that while there exists a need to provide contractors, subcontractors and suppliers with statutory benefits to enhance the collection of money for goods, services and materials provided for the construction of residential housing in the State of New Jersey, the ability to have a stable marketplace in which families can acquire homes without undue delay and uncertainty and the corresponding need of lending institutions in the State of New Jersey to conduct their business in a stable environment and to lend money for the purchase or finance of home construction or renovations requires that certain statutory provisions as related to the lien benefits accorded to contractors, subcontractors and suppliers be modified. The Legislature further finds that the construction of residential housing generally involves numerous subcontractors and suppliers to complete one unit of housing and that the multiplicity of lien claims and potential for minor monetary disputes poses a serious impediment to the ability to transfer title to residential real estate expeditiously. The Legislature further finds that the purchase of a home is generally one of the largest expenditures that a family or person will make and that there are a multitude of other State and federal statutes and regulations, including "The New Home Warranty and Builders' Registration Act," P.L.1977, c.467 (C.46:3B-1 et seq.) and "The Planned Real Estate Development Full Disclosure Act," P.L.1977, c.419 (C.45:22A-21 et seq.), which afford protection to consumers in the purchase and finance of their homes, thereby necessitating a different treatment of residential real estate as it relates to the rights of contractors, suppliers and subcontractors to place liens on residential real estate. The Legislature declares that separate provisions concerning residential construction will provide a system for balancing the competing interests of protecting consumers in the purchase of homes and the contract rights of contractors, suppliers and subcontractors to obtain payment for goods and services provided.

    b. The filing of a lien for work, services, material or equipment furnished pursuant to a residential construction contract shall be subject to the following additional requirements:

    (1) As a condition precedent to the filing of any lien arising under a residential construction contract, a lien claimant shall first file a Notice of Unpaid Balance and Right to File Lien in accordance with the provisions of subsection a. of section 20 of this act, and comply with all other provisions of this section.

    (2) Upon the filing of a Notice of Unpaid Balance and Right to File Lien, service of the Notice of Unpaid Balance and Right to File Lien shall be effected in accordance with the provisions of section 7 of this act.

    (3) Unless the parties have otherwise agreed in writing to an alternative dispute resolution mechanism, simultaneously with the service under paragraph (2) of this subsection, the lien claimant shall also serve a demand for arbitration and fulfill all the requirements and procedures of the American Arbitration Association to institute an expedited proceeding before a single arbitrator designated by the American Arbitration Association.

    (4) Upon the closing of all hearings in the arbitration, the arbitrator shall make the following determinations: (a) whether the Notice of Unpaid Balance and Right to File Lien was in compliance with section 20 of this act and whether service was proper under section 7 of this act; (b) the validity and amount of any lien claim which may be filed pursuant to the Notice of Unpaid Balance and Right to File Lien; (c) the validity and amount of any liquidated or unliquidated setoffs or counterclaims to any lien claim which may be filed; and (d) the allocation of costs of the arbitration among the parties.

    (5) In the event the amount of any setoffs or counterclaims presented in the arbitration are unliquidated and cannot be determined by the arbitrator in a liquidated amount, the arbitrator, as a condition precedent to the filing of the lien claim, shall order the lien claimant to post a bond, letter of credit or funds with an attorney-at-law of New Jersey, or other such person or entity as may be ordered by the arbitrator in such amount as the arbitrator shall determine to be 110% of the approximate fair and reasonable value of such setoffs or counterclaims, but in no event shall the bond, letter of credit or funds exceed the amount of the lien claim which may be filed. This 110% limitation regarding any bond, letter of credit or funds shall also apply to any alternative dispute resolution mechanism to which the parties may agree.

    (6) The arbitrator shall make such determinations set forth in paragraphs (4) and (5) of this subsection within 30 days of receipt of the lien claimant's demand for arbitration by the American Arbitration Association. That time period shall not be extended unless otherwise agreed to by the parties. If an alternative dispute mechanism is alternatively agreed to between the parties, such determination shall be made as promptly as possible making due allowance for all time limits and procedures set forth in this act.

    (7) Any contractor, subcontractor or supplier whose interests are affected by the filing of a Notice of Unpaid Balance and Right to File Lien under section 10 of this act shall be permitted to join in such arbitration; but the arbitrator shall not determine the rights or obligations of any such parties except to the extent those rights or obligations are affected by the lien claimant's Notice of Unpaid Balance and Right to File Lien.

    (8) Upon determination by the arbitrator that there is an amount which, pursuant to a valid lien shall attach to the improvement, the lien claimant shall, within 10 days of the lien claimant's receipt of the determination, file such lien claim in accordance with the provisions of section 8 of this act and furnish any bond, letter of credit or funds required by the arbitrator's decision. The failure to file such a lien claim, or furnish the bond, letter of credit or funds, within the 10-day period, shall cause any lien claim to be invalid.

    (9) Except for the arbitrator's determination itself, any such determination shall not be considered final in any legal action or proceeding, and shall not be used for purposes of collateral estoppel, res judicata, or law of the case to the extent applicable. Any finding of the arbitrator pursuant to the provisions of this act shall not be admissible for any purpose in any other action or proceeding.

    (10) If either the lien claimant or the owner is aggrieved by the arbitrator's determination, then either party may institute a summary action in the Superior Court, Law Division, for the vacation, modification or correction of the arbitrator's determination. The arbitrator's determination shall be confirmed unless it is vacated, modified or corrected by the court. The court shall render its decision after giving due regard to the time limits and procedures set forth in this act.

    (11) In the event a Notice of Unpaid Balance and Right to File Lien is filed and the owner conveys its interest in real property to another person before a lien claim is filed or after the filing of a lien claim in accordance with the provisions of section 8 of P.L.1993, c.318 (C.2A:44A-8), then prior to or at the time of conveyance, the owner may either post a bond, letter of credit or funds with an attorney at law of the State of New Jersey as escrow agent or make a deposit [with the county clerk where the improvement is located] into an escrow account with a State or federally chartered bank, savings bank or savings and loan association with an office in this State, in an amount no less than the amount set forth in the Notice of Unpaid Balance and Right to File Lien. The escrow agent upon receipt of said amount from the owner or other interested party shall notify the county recording officer of the county in which the property is situated that such a deposit has been made. This notice shall be in substantially the following form:

 

ESCROW AGENT NOTICE OF DEPOSIT REGARDING

NOTICE OF UNPAID BALANCE AND RIGHT TO FILE LIEN

 

    On (date), the undersigned escrow agent (name of agent) of (address of agent), received from (name of owner) as a deposit for the value of the Notice of Unpaid Balance and Right to File Lien of (name of claimant) for the work, services, material or equipment provided in accordance with the contract between claimant and (name) as of (date).

    This Notice of Unpaid Balance and Right to File Lien was claimed against the interest of (name of owner) in that certain tract or parcel of land and premises described as Block , Lot , on the tax map of the of , County of , State of New Jersey, more commonly known as (street address), for the improvement of which property the aforementioned work, services, materials or equipment was provided.

    A Notice of Unpaid Balance and Right to File Lien was previously filed with the County Recording Officer of County on (date) as No. .

    Amendments to the original Notice of Unpaid Balance and Right to File Lien were recorded in the Office of the County Recording Officer on (date) as No. . (complete if applicable).

    Effective the date of the filing of this Escrow Agent Notice of Deposit Regarding Notice of Unpaid Balance and Right to File Lien, a deposit for the value of the Notice of Unpaid Balance and Right to File Lien, including amendments, if any, is held by us in escrow.

 

                                                                                                            Signature

Name of Escrow Agent

 

 

Signed and sworn before me by on (date)

 

                                                                                                          

                                                                                    Notary Public

    [For any deposit made with the county clerk] Upon receipt of such notice of deposit, the county [clerk] recording officer shall discharge the Notice of Unpaid Balance and Right to File Lien or any related lien claim against the real property for which the deposit has been made. After the issuance of the arbitrator's determination set forth in paragraphs (4) and (5) of this subsection, any amount in excess of that determined by the arbitrator to be the amount of a valid lien claim shall be returned forthwith to the owner who has made the deposit. The balance shall remain where deposited with the escrow agent unless the lien claim has been otherwise paid, satisfied by the parties, forfeited by the claimant, invalidated pursuant to paragraph (8) of this subsection or discharged under section 33 of this act. Notice shall be given by the owner in writing to the lien claimant within five days of making the deposit.

    (12) Solely for those lien claims arising from a residential construction contract, if a Notice of Unpaid Balance and Right to File Lien is determined to be without basis, the amount of the Notice of Unpaid Balance and Right to File Lien is significantly overstated, or the Notice of Unpaid Balance and Right to File Lien is not filed in substantially the form, or in the manner, or at a time not in accordance with the provisions of this act, then the claimant shall be liable for all damages suffered by the owner or any other party adversely affected by the Notice of Unpaid Balance and Right to File Lien, including all court costs, reasonable attorneys' fees and legal expenses incurred.

    (13) If the aggregate sum of all lien claims attaching to any real property that is the subject of a residential construction contract exceeds the amount due under a residential purchase agreement, less the amount due under any previously recorded mortgages or liens other than construction liens, then upon entry of judgment of all such lien claims, each lien claim shall be reduced pro rata. Each lien claimant's share then due shall be equal to the monetary amount of the lien claim multiplied by a fraction in which the denominator is the total monetary amount of all valid claims on the owner's interest in real property against which judgment has been entered, and the numerator is the amount of each particular lien claim for which judgment has been entered. The amount due under the residential purchase agreement shall be the net proceeds of the amount paid less previously recorded mortgages and liens other than construction liens and any required recording fees.

(cf: P.L.1993, c.318, s.21)

 

    11.   Section 24 of P.L.1993, c.318 (C.2A:44A-24) is amended to read as follows:

    24. When judgment is obtained under this act there shall be filed in the office of the county [clerk] recording officer a statement signed and sealed by the clerk of the court, containing:

    a. The name of the court;

    b. The names of the parties;

    c. Whether judgment is against the owner, contractor or subcontractor, or against the building and land only, or both; and

    d. The amount and date of judgment.

    There shall be filed with, or as part of, the statement, an oath of the claimant, his attorney or agent, stating the amount currently due thereon based on an updated statement of the amount owing on the judgment.

(cf: P.L.1993, c.318, s.24)

 

    12. Section 30 of P.L.1993, c.318 (C.2A:44A-30) is amended to read as follows:

    30. a. When a lien claim has been filed and the claim has been paid, satisfied or settled by the parties or forfeited by the claimant, the claimant or his successor in interest or his attorney shall, within 30 days, file with the county [clerk] recording officer a certificate, duly acknowledged [or proved], directing the county [clerk] recording officer to discharge the lien claim of record, which certificate shall contain:

    (1) The date of filing the lien claim;

    (2) The [book and page] file number endorsed thereon;

    (3) The name of the owner of the land named in the notice;

    (4) The location of the property; and

    (5) The name of the person for whom the work, services, equipment or materials was provided.b. If the claimant shall fail or refuse to file this certificate, then upon application by any party in interest, upon notice to the claimant, to be served upon him in the same manner as provided by section 7 of this act, or upon satisfactory proof that the claimant cannot be served, any judge of the Superior Court may, upon good cause being shown, order the lien claim discharged. The county [clerk] recording officer shall thereupon [attach] file and index the certificate or order [to the original notice of lien claim on file and shall note on the record thereof "discharged by certificate" or "discharged by court order," as the case may be].

    c. Any lien claimant who fails to discharge a lien claim of record pursuant to this section shall be liable for all court costs, and reasonable legal expenses, including attorneys' fees, incurred by the owner, the contractor, or subcontractor, or any combination of owner, contractor and subcontractor, as applicable, to discharge or obtain the discharge of the lien, and in addition thereto, the court may enter judgment against the claimant for damages to any or all of the parties adversely affected by the failure to discharge the lien.

(cf: P.L.1993, c.318, s.30)

 

    13. Section 31 of P.L.1993, c.318 (C.2A:44A-31) is amended to read as follows:

    31. When a lien claim is filed against any improvement and land under this act, the owner, contractor or subcontractor may execute and file with the [proper county] clerk of the Superior Court a bond in favor of the lien claimant, with a surety company, duly authorized to transact business in this State, as surety thereon, in an amount equal to 110% of the amount claimed by the lien claimant and a payment in the amount of $25, conditioned upon the payment of any judgment and costs that may be recovered by the lien claimant under this claim. As an alternative, the owner, contractor or subcontractor may deposit with the clerk of the Superior Court of New Jersey, funds constituting an amount equal to 110% of the amount claimed by the lien claimant and a payment in the amount of $25, conditioned upon the payment of any judgment and costs that may be recovered by the lien claimant under this claim.

    Any surety bond filed with the [county] clerk of the Superior Court under this section shall be discharged, and any deposit with the clerk of the Superior Court shall be returned to the depositor, without court order, upon presentment by the owner, contractor or subcontractor of any of the following:

    (a) a duly acknowledged certificate as provided in paragraph (2) of subsection a. of section 33 of this act;

    (b) an order of discharge as provided in paragraph (3) of subsection a. of section 33 of this act;

    (c) a judgment of dismissal or other final judgment against the lien claimant; or

    (d) a true copy of a Stipulation of Dismissal, with prejudice, executed by the lien claimant or its representative in any action to foreclose the lien claim which is subject to the surety bond or deposit.

(cf: P.L.1993, c.318, s.31)

 

    14. Section 32 of P.L.1993, c.318 (C.2A:44A-32) is amended to read as follows:

    32. When the bond, deposit or any combination thereof, authorized by section 31 of this act, is properly filed or deposited, the improvements and land described in the lien claim shall thereupon be released and discharged from the claim and no execution shall issue against the improvements and land. [The words "released by bond" or "released by deposit of funds," as applicable, and a reference to the time and place of filing of the bond or deposit shall be entered by the county clerk upon the record of the lien claim.]

(cf: P.L.1993, c.318, s.32)

 

    15. Section 33 of P.L.1993, c.318 (C.2A:44A-33) is amended to read as follows:

    33. a. A lien claim[may], together with any lis pendens filed in an action to enforce that claim, shall be discharged of record by the county [clerk] recording officer:

    (1) Upon [the] execution and filing [with the county clerk] of a surety bond, or the deposit of funds with the clerk of the Superior Court of New Jersey, in favor of the claimant in an amount equal to 110% of the amount of the lien claim; or

    (2) Upon receipt of a duly acknowledged certificate, discharging the lien claim from the claimant having filed the lien claim, or his successor in interest, or his attorney; or

    (3) Pursuant to an order of discharge by the court.

    b. When judgment of dismissal or final other judgment against the lien claimant is entered in an action to enforce the lien claim under this act and no appeal is taken within the time allowed for an appeal, or if an appeal is taken within the time allowed for an appeal, or if an appeal is taken and finally determined against the lien claimant, the court before which the judgment was rendered, upon application and written notice to the lien claimant as the court shall direct, shall order the county [clerk] recording officer to enter a discharge of the lien claim.

    c. If an appeal is taken by the claimant, the claim shall be discharged unless the claimant posts a bond, in an amount to be determined by the court, to protect the owner from the reasonable costs, expenses and damages which may be incurred by virtue of the continuance of the lien claim encumbrance.

(cf: P.L.1993, c.318, s.33)

 

    16. Section 34 of P.L.1993, c.318 (C.2A:44A-34) is amended to read as follows:

    34. A discharge, subordination or release of a lien claim or Notice of Unpaid Balance and Right to File Lien, a receipt of payment of a lien claim, or any order of the court discharging or releasing a lien claim, shall recite [the book and page] the file number of the original [record of the] lien claim, and a full description of the property discharged or released. The county [clerk] recording officer may refuse to discharge, release or satisfy a lien claim or file a receipt of payment of a lien claim unless the provisions of this section have been satisfied.

(cf: P.L.1993, c.318, s.34)

 

    17. Section 35 of P.L.1993, c.318 (C.2A:44A-35) is amended to read as follows:

    35. A discharge, subordination or release of a lien claim or Notice of Unpaid Balance and Right to File Lien shall be duly acknowledged [or proved, and recorded in a properly indexed book for that purpose], filed and indexed. [A notation of the record of the discharge of a lien claim or Notice of Unpaid Balance and Right to File Lien shall be endorsed upon the margin of the record in the book where the original lien or Notice of Unpaid Balance and Right to File Lien is recorded stating that the discharge is filed and recorded, giving the date of filing and recording and setting forth the book and the page number where the discharge, or receipt of payment of the lien or order discharging the lien, is recorded.]

(cf: P.L.1993, c.318, s.35)

 

    18. (New section) Unless a statute on disposition of public records provides otherwise, the county recording officer may remove any instrument filed pursuant to the provisions of P.L.1993, c.318 (C.2A:44A-1 et seq.) from the files and destroy it after six years provided that the county recording officer has retained a microfilm or other photographic record.

 

    19. This act shall take effect on the 90th day following enactment.

 

 

STATEMENT

 

  In December of 1993, the "Construction Lien Law" was enacted as Chapter 318 of the Laws of 1993 (C.2A:44A-1 et seq.). Chapter 318 repealed the prior mechanic's lien law and established new procedures for the filing of claims for payment for work performed and materials furnished in connection with construction projects.

    Since the enactment of P.L.1993, c.318, county recording officers (the county clerk or in some counties, the county registrar of deeds) have encountered certain procedural and technical problems in attempting to implement the provisions of the new law with regard to the filing and indexing of claim notices. The bill proposes to amend a number of the sections of chapter 318 to address these problems.

    The bill also sets a $15.00 fee for all filings with respect to construction lien notices, continuations and discharges.

 

                            

 

Permits use of modern technology in construction lien filings and provides fees for such filings.