reglab/housing_qa huggingface dataset:
NJ Rev Stat § 2A:44A-9 (2021)
2021 New Jersey Revised Statutes|Title 2A - Administration of Civil and Criminal Justice|Section 2A:44A-9 - Amount of lien claim.

2A:44A-9 Amount of lien claim.  9. a. The amount of a lien claim shall not exceed the unpaid portion of the contract price of the claimant's contract for the work, services, material or equipment provided. b. Except as set forth in sections 15 and 21 of P.L.1993, c.318 (C.2A:44A-15 and 2A:44A-21), and subject to section 7 of P.L.1993, c.318 (C.2A:44A-7) and subsection c. of this section, the lien fund shall not exceed: (1) in the case of a first tier lien claimant or second tier lien claimant, the earned amount of the contract between the owner and the contractor minus any payments made prior to service of a copy of the lien claim; or (2) in the case of a third tier lien claimant, the lesser of: (a) the amount in paragraph (1) above; or (b) the earned amount of the contract between the contractor and the subcontractor to the contractor, minus any payments made prior to service of a copy of the lien claim. c. A lien fund regardless of tier shall not be reduced by payments by the owner, or community association in accordance with section 3 of P.L.1993, c.318 (C.2A:44A-3), that do not discharge the obligations for the work performed or services, material or equipment provided, including, but not limited to: (1) payments not in accordance with written contract provisions;  (2) payments yet to be earned upon lodging for record of the lien claim;  (3) liquidated damages;  (4) collusive payments;  (5) use of retainage to make payments to a successor contractor after the lien claim is lodged for record; or (6) setoffs or backcharges, absent written agreement by the claimant, except for any setoffs upheld by judgment that are first determined by: (a) arbitration or alternate dispute resolution in a proceeding conducted in accordance with section 21 of P.L.1993, c.318 (C.2A:44A-21); or (b) any other alternate dispute resolution agreed to by the parties. d. Subject to subsection c. above, no lien fund exists, if, at the time of service of a copy of the lien claim, the owner or community association has fully paid the contractor for the work performed or for services, material or equipment provided. e. For purposes of a lien fund calculation, the "earned amount of the contract" is the contract price unless the party obligated to perform has not completed the performance in which case the "earned amount of the contract" is the value, as determined in accordance with the contract, of the work performed and services, material or equipment provided.  f. If more than one lien claimant will participate in a lien fund, the lien fund shall be established as of the date of the first of the participating lien claims lodged for record unless the earned amount of the contract increases, in which case the lien fund shall be calculated from the date of the increase. g. No lien rights shall exist for other than first, second, or third tier lien claimants. L.1993, c.318, s.9; amended 2010, c.119, s.6.
NJ Rev Stat § 2A:44A-10 (2021)
2021 New Jersey Revised Statutes|Title 2A - Administration of Civil and Criminal Justice|Section 2A:44A-10 - Attachment of lien to interest of owner; amount of liability.

2A:44A-10 Attachment of lien to interest of owner; amount of liability.  10. Subject to the limitations of sections 3 and 6 of P.L.1993, c.318 (C.2A:44A-3 and 2A:44A-6), the lien shall attach to the interest of the owner from and after the time of filing of the lien claim. Except as provided by section 20 of P.L.1993, c.318 (C.2A:44A-20), no lien shall attach to the interest acquired by a bona fide purchaser as evidenced by a recordable document recorded or lodged for record before the date of filing of the lien claim. A lien claim shall not, except as provided by sections 20 and 22 of P.L.1993, c.318 (C.2A:44A-20 and 2A:44A-22), have a priority over any mortgage, judgment or other lien or interest in real estate first recorded, lodged for record, filed or docketed. A lien claim filed under 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.).  L.1993, c.318, s.10; amended 2010, c.119, s.7.
NJ Rev Stat § 2A:44A-12 (2021)
2021 New Jersey Revised Statutes|Title 2A - Administration of Civil and Criminal Justice|Section 2A:44A-12 - Authorized withholding, deductions.

2A:44A-12 Authorized withholding, deductions.  12. Upon receipt of notice of a lien claim, the owner, or community association in accordance with section 3 of P.L.1993, c.318 (C.2A:44A-3), shall be authorized to withhold and deduct the amount claimed from the unpaid part of the contract price that is or thereafter may be due and payable to the contractor or subcontractor, or both. The owner or community association may pay the amount of the lien claim to the claimant unless the contractor or subcontractor against whose account the lien is filed notifies the owner and the lien claimant in writing within 20 days of service of the lien claim upon both the owner or community association and the contractor or subcontractor, that the claimant is not owed the monies claimed and the reasons therefor. Any such payment made by the owner or community association shall constitute a payment made on account of the contract price of the contract with the contractor or subcontractor, or both, against whose account the lien is filed. L.1993, c.318, s.12; amended 2010, c.119, s.9.
NJ Rev Stat § 2A:44A-13 (2021)
2021 New Jersey Revised Statutes|Title 2A - Administration of Civil and Criminal Justice|Section 2A:44A-13 - "Construction Lien Book," "Construction Lien Index Book"; fees.

2A:44A-13 "Construction Lien Book," "Construction Lien Index Book"; fees.  13. a. The county clerk shall provide a book designated as the "Construction Lien Book" in which shall be entered each Notice of Unpaid Balance and Right to File Lien, Amended Notice of Unpaid Balance and Right to File Lien, lien claim and amended lien claim, and discharge, subordination or release of a lien claim or Notice of Unpaid Balance and Right to File Lien presented for filing pursuant to this act.  b. The county clerk shall cause marginal notations to be made upon each filed document as follows:  (1) upon each Notice of Unpaid Balance and Right to File Lien, the date an amendment to that Notice or discharge thereof, and related lien claim or amendment thereto is filed;  (2) upon each lien claim, the date an amendment thereto is filed; and the date a discharge, subordination or release thereof is filed; and  (3) upon the affected lien claim or amended lien claim, the date of the filing of the Notice of Lis Pendens pertaining to the real property subject to the lien claim.  c. The failure of the clerk to cause a marginal notation to be made in accordance with subsection b. of this section shall not affect the validity, priority or enforceability of any document filed pursuant to this act.  d. The county clerk shall provide and maintain an index book designated as the "Construction Lien Index Book," setting forth alphabetically, and arranged by owners' or community associations' names, and by claimants' names, 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. e. Each county clerk shall charge fees for the filing and marginal notation of the documents authorized to be filed by this act as set forth in N.J.S.22A:2-29. L.1993, c.318, s.13; amended 2010, c.119, s.10.
NJ Rev Stat § 2A:44A-14 (2021)
2021 New Jersey Revised Statutes|Title 2A - Administration of Civil and Criminal Justice|Section 2A:44A-14 - Claimant's failure to commence action; forfeiture, liability.

2A:44A-14 Claimant's failure to commence action; forfeiture, liability.  14. a. A claimant filing a lien claim shall forfeit all rights to enforce the lien, and shall immediately discharge the lien of record in accordance with section 30 of P.L.1993, c.318 (C.2A:44A-30), if the claimant fails to commence an action in the Superior Court, in the county in which the real property is situated, to enforce 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, community association, contractor, or subcontractor against whose account a lien claim is filed, requiring the claimant to commence an action to enforce the lien claim.  b. Any lien claimant who forfeits a lien pursuant to this section and fails to discharge that lien of record in accordance with section 30 of P.L.1993, c.318 (C.2A:44A-30), shall be liable for all court costs, and reasonable legal expenses, including, but not limited to, attorneys' fees, incurred by the owner, community association, contractor, or subcontractor, or the total costs and legal expenses of all or any combination of them, in defending or causing the discharge of the lien claim. The court shall, in addition, enter judgment against the claimant who fails to discharge the lien for damages to any of the parties adversely affected by the lien claim.  c. (Deleted by amendment, P.L.2010, c.119)  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 or in a separate count in the same action.  L.1993, c.318, s.14; amended 2010, c.119, s.11.
NJ Rev Stat § 2A:44A-15 (2021)
2021 New Jersey Revised Statutes|Title 2A - Administration of Civil and Criminal Justice|Section 2A:44A-15 - Improper lodging of lien claim; forfeiture of rights; liability.

2A:44A-15 Improper lodging of lien claim; forfeiture of rights; liability.  15. a. If a lien claim is without basis, the amount of the lien claim is willfully overstated, or the lien claim is not lodged for record in substantially the form or in the manner or at a time not in accordance with this act, the claimant shall forfeit all claimed lien rights and rights to file subsequent lien claims to the extent of the face amount claimed in the lien claim. The claimant shall also be liable for all court costs, and reasonable legal expenses, including, but not limited to, attorneys' fees, incurred by the owner, community association, contractor or subcontractor, or any combination of owner, community association in accordance with section 3 of P.L.1993, c.318 (C.2A:44A-3), contractor and subcontractor, in defending or causing the discharge of the lien claim. The court shall, in addition, enter judgment against the claimant for damages to any of the parties adversely affected by the lien claim.  b. If a defense to a lien claim is without basis, the party maintaining the defense shall be liable for all court costs, and reasonable legal expenses, including, but not limited to, attorneys' fees, incurred by any of the parties adversely affected by the defense to the lien claim. The court shall, in addition, enter judgment against the party maintaining this defense for damages to any of the parties adversely affected thereby. c. If a lien claim is forfeited pursuant to this section, or section 14 of P.L.1993, c.318 (C.2A:44A-14), nothing herein shall be construed to bar the filing of a subsequent lien claim, provided, however, any subsequent lien claim shall not include a claim for the work, services, equipment or material claimed within the forfeited lien claim.  d. For the purpose of this section "without basis" means frivolous, false, unsupported by a contract, or made with malice or bad faith or for any improper purpose. L.1993, c.318, s.15; amended 2010, c.119, s.12.
NJ Rev Stat § 2A:44A-17 (2021)
2021 New Jersey Revised Statutes|Title 2A - Administration of Civil and Criminal Justice|Section 2A:44A-17 - Lien claims unabated by death of party in interest

2A:44A-17. Lien claims unabated by death of party in interest  17. No lien claim under this act or right thereto shall abate by reason of the death of any party in interest and the right to the lien claim may be asserted by the personal representative of a deceased contractor, subcontractor, or supplier against the personal representative of a deceased owner, contractor or subcontractor.  L.1993,c.318,s.17.
NJ Rev Stat § 2A:44A-18 (2021)
2021 New Jersey Revised Statutes|Title 2A - Administration of Civil and Criminal Justice|Section 2A:44A-18 - Calculation of proportionate share under residential construction.

2A:44A-18 Calculation of proportionate share under residential construction.  18. This section shall solely apply to work, services, material or equipment furnished under a residential construction contract. 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. This proportionate share shall be calculated in the following manner:  a. If there is a contract between the lien claimant and the owner or other writing signed by the parties which provides for an allocation by lot or tract, or otherwise, that allocation of the proportionate share shall be binding upon the lien claimant. Absent a contract between the lien claimant and the owner or other writing signed by the parties, any allocation made shall be proportionate to each lot if subdivision approval has been granted or to each tract if no subdivision approval is required or has been granted. b. 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 residential unit, subject to the limitations of subsections b. and c. of section 3 of P.L.1993, c.318 (C.2A:44A-3).  c. 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.  d. If a lien claimant receives payment of the 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 section 30 of P.L.1993, c.318 (C.2A:44A-30), and any amounts to be paid shall be paid from the amount due the claimant.  L.1993, c.318, s.18; amended 2010, c.119, s.13.
NJ Rev Stat § 2A:44A-25 (2021)
2021 New Jersey Revised Statutes|Title 2A - Administration of Civil and Criminal Justice|Section 2A:44A-25 - Issuance of writ of execution.

2A:44A-25 Issuance of writ of execution.  25. If judgment in an action to enforce a lien claim under this act is entered in favor of the lien claimant, a writ of execution may issue thereon, in accordance with the judgment.  L.1993, c.318, s.25; amended 2010, c.119, s.19.
NJ Rev Stat § 2A:44A-27 (2021)
2021 New Jersey Revised Statutes|Title 2A - Administration of Civil and Criminal Justice|Section 2A:44A-27 - Interest in residential property, priority to all subsequent liens

2A:44A-27. Interest in residential property, priority to all subsequent liens  27. The interests in real property set forth in section 21 of this act shall have priority to all subsequent liens under this act upon the land and upon the improvements thereon, except such as may be removable as between landlord and tenant, which may be sold and removed by virtue of any lien for the erection, construction or completion of the same, free from the prior encumbrances.  L.1993,c.318,s.27.
NJ Rev Stat § 2A:44A-32 (2021)
2021 New Jersey Revised Statutes|Title 2A - Administration of Civil and Criminal Justice|Section 2A:44A-32 - Release, discharge from claim

2A:44A-32. Release, discharge from claim  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.  L.1993,c.318,s.32.
NJ Rev Stat § 2A:44A-33 (2021)
2021 New Jersey Revised Statutes|Title 2A - Administration of Civil and Criminal Justice|Section 2A:44A-33 - Discharge of record of lien claim.

2A:44A-33 Discharge of record of lien claim.  33. a. A lien claim shall be discharged of record by the county clerk: (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 the claimant's successor in interest, or attorney; or  (3) Pursuant to the filing of an owner's or community association's discharge certificate in accordance with section 30 of P.L.1993, c.318 (C.2A:44A-30), provided that 90 days prior to the filing of the affidavit, substantially in the form set forth in section 30 of P.L.1993, c.318 (C.2A:44A-30), the lien claimant is notified by certified mail at the lien claimant's last known address of the owner's or community association's intent to file a discharge certificate and no written communication from the lien claimant denying or disputing payment in full of the lien claim is filed with the county clerk and served on the owner or community association; or (4) 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 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 or community association from the reasonable costs, expenses and damages which may be incurred by virtue of the continuance of the lien claim encumbrance.  d. Upon discharge of record of the lien claim, unless the action for enforcement also involves claims, by way of counterclaim, cross claim or interpleader, arising out of or related to the improvements that are the subject of the lien claim in which the owner or community association is an interested party, the court shall also order that the owner or community association no longer be a party to an action to enforce the lien claim, and the surety issuing the bond shall be added as a necessary party. e. Discharge of record of a lien claim will automatically discharge of record the Notice of Unpaid Balance and Right to File Lien filed in connection therewith. L.1993, c.318, s.33; amended 2010, c.119, s.22.
NJ Rev Stat § 2A:44A-34 (2021)
2021 New Jersey Revised Statutes|Title 2A - Administration of Civil and Criminal Justice|Section 2A:44A-34 - Book, page number of original record of lien claim necessary for release, discharge

2A:44A-34. Book, page number of original record of lien claim necessary for release, discharge  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 number of the original record of the lien claim, and a full description of the property discharged or released. The county clerk 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.  L.1993,c.318,s.34.
NJ Rev Stat § 2A:44A-35 (2021)
2021 New Jersey Revised Statutes|Title 2A - Administration of Civil and Criminal Justice|Section 2A:44A-35 - Discharge, subordination, release of lien claim.

2A:44A-35 Discharge, subordination, release of lien claim.  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. 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, giving the date of filing and setting forth the book and the page number where the discharge, or receipt of payment of the lien or order or owner's or community association's discharge certificate discharging the lien, is recorded.  L.1993, c.318, s.35; amended 2010, c.119, s.23.
NJ Rev Stat § 2A:44A-36 (2021)
2021 New Jersey Revised Statutes|Title 2A - Administration of Civil and Criminal Justice|Section 2A:44A-36 - Liability for fraud

2A:44A-36. Liability for fraud  36. A person who fraudulently deprives a person entitled to the benefits of this act shall be liable to that person for any damages resulting therefrom.  L.1993,c.318,s.36.
NJ Rev Stat § 2A:44A-37 (2021)
2021 New Jersey Revised Statutes|Title 2A - Administration of Civil and Criminal Justice|Section 2A:44A-37 - Furnishing of list of subcontractors, suppliers.

2A:44A-37 Furnishing of list of subcontractors, suppliers.  37. a. If required in a contract or upon written request from an owner or community association to a contractor, a subcontractor, or both, the contractor or subcontractor shall, within 10 days, provide the owner or community association with an accurate and full list of the names and addresses of each subcontractor and supplier who may have a right to file a lien pursuant to this act.  b. If required in a contract or upon written request from a contractor to a subcontractor, the subcontractor shall, within 10 days, provide the contractor with an accurate and full list of the names and addresses of each subcontractor or supplier who may have a right to file a lien pursuant to this act.  c. Any list provided pursuant to subsection a. or b. of this section shall be verified under oath by the person providing same. d. Reliance upon the verified list shall be prima facie evidence establishing the bona fides of payment made in reliance thereon and shall constitute an absolute defense to any claim that the party making such payment should have made additional inquiry to determine the identity of potential claimants.  e. Any person to whom a written request has been made pursuant to subsection a. or b. of this section who does not provide a list in compliance with this section shall be liable in damages to: (1) the party requesting the list; or (2) the owner or community association, including, but not limited to, court costs and the reasonable legal expenses, including attorneys' fees, incurred by any or all of them, in defending or causing the discharge of a lien claim asserted by a party whose name is omitted from the list.  L.1993, c.318, s.37; amended 2010, c.119, s.24.