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Bill > A5731


NJ A5731

NJ A5731
Limits 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
05/22/2025
In Committee
05/22/2025
Crossed Over
Passed
Dead
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 construction contract payment laws to limit the amount that a State agency can withhold from contractors to two percent of the amount due on each partial payment, provided the contractor has submitted a performance bond within 15 days of the contract award. The limitation applies specifically to State agencies as property owners and is designed to provide more predictable payment terms for contractors. However, the bill includes an important exception: if a contractor has been terminated for cause at any point in the previous five years, the State agency retains the discretion to withhold more than two percent of the partial payment. This provision aims to balance contractor protections with the State's ability to manage financial risk on construction projects, ensuring that contractors with a history of poor performance can be more closely monitored. The bill takes effect immediately upon enactment, signaling the Legislature's intent to quickly implement these new payment guidelines for State construction contracts.

Committee Categories

Labor and Employment

Sponsors (1)

Last Action

Introduced, Referred to Assembly Labor Committee (on 05/22/2025)

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