construction lien
A construction lien, also known as a mechanic’s lien , laborer’s lien , or artisan’s lien , is a type of lien that gives contractors a security interest in property until they have been paid for their work on that property. A construction lien offers the holder of this lean an interest in the property under construction. If a specific debt is not paid, then the construction lien can be enforced against the property upon which the lien exists. Specifically, should the party whose property is subject to the lien fail to pay for the work performed, the contractor can exercise the lien and enforce the property. Therefore, construction liens can be a powerful tool for construction participants, namely those who performed actual construction work, to receive adequate payment for the real property they contributed to. Under New Jersey law , contractors who are entitled to a construction lien include not only a contractor, subcontractor, but also supplier or construction worker.
Construction liens are statutory in origin and are often created automatically. For example, Florida law automatically creates a construction lien whenever construction is performed, although the lien-holder is required to notify the property owner of the lien’s existence.
[Last reviewed in December of 2024 by the Wex Definitions Team ]
Wex