January 12, 2011
The Acting Administrative Director of the Courts of New Jersey recently issued a directive involving the proper venue for enforcement of private construction lien claims. Effective January 18, 2011, all actions involving private sector construction lien claims shall be filed solely in the Civil Part of the Law Division of the Superior Court of New Jersey. In the past, such actions were filed in either the General Equity Part of the Chancery Division or the Civil Part of the Law Division. Since the relief sought in private sector construction lien actions is monetary, these actions are most appropriately filed in the Law Division.
Public sector construction lien (municipal mechanic’s lien) actions shall be filed only in the General Equity Part of the Chancery Division as required by the Municipal Mechanic’s Lien Law (N.J.S.A. 2A:44-137).
Dennis A. Estis, Esquire Contributing Author
Steven Nudelman, Esquire Contributing Author
Greenbaum, Rowe, Smith & Davis LLP
Thursday, January 20, 2011
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