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Bill > S4028
NJ S4028
NJ S4028Limits amount of payment that State agency as property owner may withhold from certain contractors on State construction contracts to two percent of amount due.
summary
Introduced
01/14/2025
01/14/2025
In Committee
07/24/2025
07/24/2025
Crossed Over
06/30/2025
06/30/2025
Passed
Dead
01/12/2026
01/12/2026
Introduced Session
2024-2025 Regular Session
Bill Summary
This bill prohibits State agencies from withholding more than two percent of the amount due on each partial payment owed to the contractor on State construction projects. This limitation will not apply when a contractor has had a contract terminated for cause in the past five years prior to the contract award.
AI Summary
This bill amends existing New Jersey law to limit the amount of money that state agencies can withhold from contractors during construction projects. Specifically, when a state agency is the property owner, the bill restricts withholding to no more than two percent of the amount due on each partial payment, but only if the contractor has provided a performance bond within 15 days of being awarded the contract. The two percent limitation does not apply to contractors who have had a contract terminated for cause within the past five years, in which case the state agency retains discretion to withhold more than two percent of each partial payment. Performance bonds are financial guarantees that protect the property owner by ensuring the contractor will complete the project according to specifications. The bill aims to improve cash flow for contractors and provide some financial predictability while maintaining the state's ability to protect its interests on construction projects with contractors who have demonstrated past performance issues.
Committee Categories
Labor and Employment
Sponsors (1)
Last Action
Received in the Assembly, Referred to Assembly Labor Committee (on 07/24/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bill-search/2024/S4028 |
| Analysis - Statement SBA 6/9/25 | https://pub.njleg.gov/Bills/2024/S4500/4028_S1.PDF |
| Fiscal Note - Fiscal Estimate 6/6/25; as introduced | https://pub.njleg.gov/Bills/2024/S4500/4028_E1.PDF |
| BillText | https://pub.njleg.gov/Bills/2024/S4500/4028_I1.HTM |
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