Robert J. Incollingo Deadlines

Actions	Legal Deadline	Citation to N.J. Authority
To answer a summons and civil complaint in NJ Superior Court, Law Division	within 35 days after service of the summons and complaint	Rules 4:6 1(a) and 6:3 1, N.J. Court Rules, 1969
To sue for breach of construction contract including labor/services	within 6 years after date of accrual of the cause of action (usually the date of breach); HOWEVER, contract provisions limiting the time parties may bring suit have been held to be enforceable, if reasonable	N.J.S.A. 2A:14 1; Eagle Fire Protection Corp. v. First Indem. of Am. Ins. Co., 145 N.J. 345, 354, 678 A.2d 699 (1996)
To sue for breach of contract for sale of materials, or for breach of express or implied U.C.C. warranty against immediate seller or remote supplier	within 4 years after the the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach; HOWEVER, by their original agreement the parties may reduce the period of limitation to not less than one year but may not extend it	N.J.S.A. 12A:2 725
To sue for injuries to person by wrongful act, neglect or default	within 2 years after the cause of any such action shall have accrued	N.J.S.A. 2A:14 2
To file an administrative complaint for recovery of unpaid minimum wages, unpaid overtime compensation, or other damages with the Commissioner of the Department of Labor and Industry or the Director of the Wage and Hour Bureau	within 2 years of the date the claim has arisen	N.J.S.A. 34:11 56a25.1
To sue to enforce a municipal mechanics lien	within 60 days after the project is completed or accepted by resolution of the public agency / project owner	N.J.S.A. 2A:44 138
To give notice to a surety of a claim against a contractor's payment bond (public projects only)	within one year from the last date of the claimant's actual work or delivery of materials to the project	N.J.S.A. 2A:44 145
To file a municipal mechanics lien	within 60 days after all work performed by contractor is either complete or accepted	N.J.S.A. 2A:44 132
To sue to enforce a claim against a surety on contractor's payment bond (public projects only)	not before the expiration of 90 days after provision to the sureties and the contractor of the claim statement of the amount due, and not later than one year from the last date of the claimant's actual work or delivery of materials to the project	N.J.S.A. 2A:44 145
To give notice to a surety of a claim against a contractor's payment bond (private projects only)	The terms of the bond will control any deadline for notice	Ral Supply Group v. W & J Servs., 312 N.J. Super. 604; 711 A.2d 1382; 1997 N.J. Super. LEXIS 556.
To sue to enforce a claim against a surety on contractor's payment bond (private projects only)	The terms of the bond will control any deadline for suit. Private limitations periods are a matter of contract between the surety and its principal, and will be upheld by the court even if they abbreviate statues of limitations such as the six year period for contract actions otherwise in force.	Ral Supply Group v. W & J Servs., 312 N.J. Super. 604; 711 A.2d 1382; 1997 N.J. Super. LEXIS 556.
To sue for consumer fraud	if for resulting damage to property, within 6 years	D'Angelo v. Miller Yacht Sales, 261 N.J. Super. 683, 686 (App. Div. 1993)
To lodge a construction lien for record on a commercial project	No later than 90 days after last date of actual work or delivery of materials or equipment to the project	N.J.S.A. 2A:44A-6
To lodge a construction lien for record on a residential project	No later than 10 days from the arbitrator's determination and no later than 120 days after last date of actual work or delivery of materials or equipment to the project	N.J.S.A. 2A:44A-21b(1)
To serve demand for arbitration of the right to record construction lien on a residential project	Within 10 days of lodging the NUB for record	N.J.S.A. 2A:44A- § 21b(3)
To lodge for record and serve a notice of unpaid balance (NUB) on a residential project	No later than 60 days after last date of actual work or delivery of materials or equipment to the project	N.J.S.A. 2A:44A-6
To give notice to a surety of a claim against a contractor's payment bond (private projects only)	The terms of the bond will control any deadline for notice	Ral Supply Group v. W & J Servs., 312 N.J. Super. 604; 711 A.2d 1382; 1997 N.J. Super. LEXIS 556.
To sue to foreclose on a construction lien (no owner demand to commence action)	Within one year of the date of the last provision of work, services, material or equipment, payment for which the lien claim was filed	N.J.S.A. 2A:44A 14 a.(1)
To sue to foreclose on a construction lien (following owner demand to commence action)	Within 30 days following receipt of written notice, by personal service or certified mail, return receipt requested, from the owner requiring the claimant to commence an action to establish the lien claim.	N.J.S.A. 2A:44A 14 a.(2)
To answer a demand for arbitration under American Arbitration Association Construction Industry Rules	within 15 calendar days after confirmation of notice of filing of the demand is sent by the AAA	American Arbitration Association Construction Industry Rules R 4(b), Regular Track Procedures
To sue any person arising out of design, planning, supervision of construction or construction of improvement to real property (Statute of Repose)	within 10 years after performance or finishing of such services or construction, and for the GC, substantial completion; HOWEVER, (possibly) where services end before the issuance of the certificate of occupancy, within 10 years from the completion of the services and not from later c.o.	N.J.S.A. 2A:14 1.1(a) Russo Farms, Inc. v. Vineland Bd. of Educ., 144 N.J. 84, 117, 675 A.2d 1077 (1996); Daidone v. Buterick Bulkheading (Docket No. A 60 06) (June 26, 2007). (unpublished case)