Bill Text: NJ A2050 | 2010-2011 | Regular Session | Introduced
Bill Title: Permits construction workers to file a lien against the owner of real property under "Construction Lien Law."
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-02-08 - Introduced, Referred to Assembly Labor Committee [A2050 Detail]
Download: New_Jersey-2010-A2050-Introduced.html
Sponsored by:
Assemblyman WAYNE P. DEANGELO
District 14 (Mercer and Middlesex)
SYNOPSIS
Permits construction workers to file a lien against the owner of real property under "Construction Lien Law."
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain construction lien claims and amending P.L.1993, c.318.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1993, c.318 (C.2A:44A-3) is amended to read as follows:
3. Any contractor, subcontractor [or] , supplier or construction worker who provides work, services, material or equipment pursuant to a contract, including a collective bargaining agreement between a labor organization and a contractor or subcontractor in direct privity of contract with the owner shall be entitled to a lien for the value of the work or services performed, or materials or equipment furnished in accordance with the contract and based upon the contract price, subject to the provisions of sections 9 and 10 of this act. The lien shall attach to the interest of the owner in the real property. If a tenant contracts for improvement of the real property and the contract for improvement has not been authorized in writing by the owner of a fee simple interest in the improved real property, the lien shall attach only to the leasehold interest of the tenant.
Nothing in this act shall be construed to limit the right of any claimant from pursuing any other remedy provided by law.
(cf: P.L.1993, c.318, s.3)
2. 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 not later than 90 days following the date the last work, services, material or equipment was provided for which payment is claimed. For the purposes of this section, a labor organization, construction worker benefit fund, agent, or other representative duly authorized to represent the interest of the claimant may file a lien claim on behalf of the claimant as an individual or on behalf of a class of individuals for work, services, material or equipment provided. 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)
3. This act shall take effect immediately.
STATEMENT
This bill permits a construction worker to file a lien against the owner of real property for the value of the work or services performed, or materials or equipment furnished in accordance with a given contract. The bill states that a contract may include a collective bargaining agreement between a labor organization and a contractor or subcontractor in direct privity of contract with the owner.
The bill also permits a labor organization, construction worker benefit fund, agent, or other representative duly authorized to represent the interest of the claimant to file a lien claim on behalf of the claimant as an individual or on behalf of a class of individuals.
Currently, under the "Construction Lien Law," P.L.1993, c.318 (C.2A:44A-1 et seq.), only a contractor, subcontractor or supplier may file a construction lien against the owner of real property. This puts a worker at a disadvantage with respect to recovering delinquent wages and benefits. This bill eliminates that disadvantage by permitting a construction worker to file a lien against the owner of real property.
