New Jersey § 34:11a-4

§ 34:11a-4.

a. (1) If a subcontractor is at least four weeks delinquent in the payment of fringe

benefits, as certified by the trustees of the specific fringe benefit fund or by their

designated representative, the fringe benefit fund shall be entitled to the relief

provided pursuant to section 5 of this act; 1 provided that the fringe benefit fund shall have given written notice within 45

days of the date of the existence of a delinquency by certified mail, return receipt

requested, to the prime contractor and the subcontractor advising them of the delinquency. (2) If the delinquency is not rectified within 30 days after receipt of notice by

the prime contractor, the fringe benefit fund shall give written notice, by certified

mail, return receipt requested, to the subcontractor, prime contractor and private

or public project owner of the fringe benefit funds claimed for payment of fringe

benefits from the construction fund. b. If a prime contractor is at least four weeks delinquent in the payment of fringe

benefits, as certified by the trustees of the specific fringe benefit fund or by their

designated representative, the fringe benefit fund shall be entitled to the relief

provided pursuant to section 5 of this act; provided that the fringe benefit fund

shall have given written notice within 45 days of the date of the existence of a delinquency

by certified mail, return receipt requested, to the prime contractor and the private

or public project owner, advising them of the delinquency. c. The written notices required under this section shall not be filed with any county

clerk or in any public registry. If the notices cannot be delivered by certified mail, they may be sent by personal

service. d. The remedies provided herein are effective as against the construction fund. No rights against the real property upon which the project is constructed, altered

or repaired shall be created by this act. 1

N.J.S.A. § 34:11A-5.