New Jersey 2024-2025 Regular Session

New Jersey Senate Bill S3830

Introduced
10/24/24  

Caption

Increases amount of partial payment withheld by contracting unit for certain contracts entered into from two percent to 10 percent.

Impact

The increase in the amount withheld is positioned as a means to provide greater financial security to contracting units, ensuring adherence to contract terms and completion before full payment is disbursed. By delaying a larger portion of payment until project completion, this bill aims to mitigate the financial risks associated with incomplete or unsatisfactory work. Contractors, however, may see this increased withholding as an additional financial strain, particularly on cash flow, which could affect their ability to manage ongoing projects effectively.

Summary

Senate Bill 3830 proposes to amend existing regulations concerning the withholding of payments for certain contracts entered into by contracting units within the state of New Jersey. Specifically, the bill seeks to increase the amount that can be withheld from two percent to ten percent of each partial payment due on contracts that exceed a total price of $100,000. These contracts typically pertain to construction, reconstruction, alteration, repair, or maintenance work involving buildings and structures. This legislative change reflects a shift in the state's approach to ensuring contract compliance and safeguarding public funds in the contracting process.

Contention

Notable points of contention surrounding S3830 may arise from the concerns of contractors and construction industry stakeholders regarding the impact of increased payment withholding on their business operations. While proponents of the bill argue it enhances accountability and protects taxpayer interests by ensuring contractors fulfill their obligations, opponents may contend that this change could disproportionately disadvantage smaller contractors who may not have the same financial reserves as larger firms. The balancing act between protecting public funds and ensuring the viability of local contracting businesses will likely be a central topic in discussions surrounding this bill.

Companion Bills

No companion bills found.

Previously Filed As

NJ S4028

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.

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.

NJ S3744

Expands competitive contracting for local contracting units and boards of education; permits county colleges to utilize competitive contracting.

NJ A4940

Expands competitive contracting for local contracting units and boards of education; permits county colleges to utilize competitive contracting.

NJ A838

Allows local contracting unit to accept bid up to five percent more than lowest responsible bid under certain circumstances.

NJ S254

Concerns contracting powers of certain local entities related to redevelopment.

NJ S3908

Concerns contracting powers of certain local entities related to redevelopment.

NJ A5099

Concerns contracting powers of certain local entities related to redevelopment.

NJ S2577

Increases contracting agencies goals for set-aside contracts for disabled veterans' businesses from three percent to six percent; requires liquidated damages provisions.

NJ A4158

Increases contracting agencies goals for set-aside contracts for disabled veterans' businesses from three percent to six percent; requires liquidated damages provisions.

Similar Bills

CA AB2855

Skilled and trained workforce requirements.

CA SB1162

Public contracts: employment compliance reports: apprenticeship programs.

VA HB2500

Construction contracts; payment clauses to be included in certain contracts.

CA AB3018

State contracts: skilled and trained workforce.

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.

NJ S4028

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.

CA SB588

Public contracts: Disabled Veteran Business Enterprise Program.

VA SB550

Contracts; payment clauses, right to payment of subcontractors.