New Jersey
Lien Waiver Forms
New Jersey Lien Waivers: No Statutory Form; Waivers Bind Only to the Extent of Payment
State Rules
How New Jersey treats lien waivers
New Jersey's Construction Lien Law prescribes statutory forms for lien claims but none for lien waivers, so our general-purpose conditional and unconditional waivers for progress and final payments apply, with no notarization or witness required. Under N.J.S.A. 2A:44A-38, a waiver of construction lien rights is void unless given in consideration for payment, and it takes effect only upon and to the extent the payment is actually received. Every New Jersey waiver is conditional on payment as a matter of law. Advance waivers and no-lien clauses in construction contracts are unenforceable on private projects.
New Jersey lien waiver forms we generate
Four house forms cover every payment on a New Jersey project: conditional or unconditional, progress or final.
Conditional Waiver and Release of Lien: Progress Payment
Signed when a progress payment is promised: the waiver only takes effect once that payment actually arrives.
Unconditional Waiver and Release of Lien: Progress Payment
Signed after a progress payment has been received: immediately waives lien rights for work through the covered date.
Conditional Waiver and Release of Lien: Final Payment
Signed when the final payment is promised: waives all remaining lien rights, but only once the payment clears.
Unconditional Waiver and Release of Lien: Final Payment
Signed after the final payment is in hand: a complete, immediate waiver of lien rights on the project.
Signing a lien waiver in New Jersey
Execution rules (the form's wording, notarization, witnesses, and whether an electronic signature works) are set by state law. Here's what applies in New Jersey, built into every waiver we generate.
Advance waivers
N.J.S.A. 2A:44A-38: waivers of construction lien rights are against public policy, unlawful, and void unless given in consideration for payment for the work, services, materials, or equipment, and even then they are effective only upon and to the extent that the payment is actually received. Advance waivers and no-lien contract clauses are unenforceable on private projects.
New Jersey execution rules
- ⚖ No prescribed statutory form: our attorney-reviewed house forms apply.
- ✓ Notarization: not required in New Jersey.
- ✓ Witness: not required in New Jersey.
- ✓ E-signature: available. Send New Jersey waivers for electronic signature and get the signed copy stored with a tamper-evident audit certificate.
Create a free New Jersey lien waiver
The correct New Jersey form, filled in and ready to download in about two minutes. Free to generate and download. Upgrade only when you want e-signature and automatic reminders.
Working in another state?
Every state's waiver rules are different. Check before you sign.