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Question

I am looking for a form called a "Contractor's Sworn Statement" which is specific to New Jersey. I cannot seem to find anything like this. Please advise.

Submitted: 181 days and 3 hours ago via LawDepot.
Category: Legal
Value: $15
Status: AWAITING CUSTOMER ACTION
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New Jersey

Already Tried:
Online form search.This does not seem to exist as it applies to NJ contractor law; only Tenn., Mich., Florida etc.

Posted by FLandNYLawyer 181 days and 3 hours ago.

Info Request

What is the purpose of the form?

181 days and 3 hours ago.

Reply

As part of payment terms to a construction contract in addition to lien waivers.

Answer

Hello,

New Jersey does not have a statutory form but instead sets out the requirements of the form. Here are the requirements:

2A:44A-37. Furnishing of list of subcontractors, suppliers

37. a. If required in a contract or upon written request from an owner to a contractor, a subcontractor, or both, the contractor or subcontractor shall, within 10 days, provide the owner 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 the provisions of 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 the provisions of this act.

c. Any list provided pursuant to the provisions of subsection a. or b. of this section shall be verified under oath by the person providing same.

d. Reliance upon the verified list by the person requesting same or by the owner 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 the provisions of subsection a. or b. of this section who does not provide a list in compliance with this section shall be directly liable in damages to the party requesting the list or to the owner, including, but not limited to, court costs and the reasonable legal expenses, including attorneys' fees, incurred by said party or the owner, or both, in defending or causing the discharge of a lien claim asserted by a party whose name has been omitted from the list.

 


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Expert: FLandNYLawyer
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Answered: 5/26/2009

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20 years of private practice

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