New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A4792

Introduced
10/17/22  
Refer
10/17/22  

Caption

Changes definition of eligible contract for DOT grant program to compensate certain contractors and subcontractors affected by supply chain shortages.

Impact

The amendments proposed in A4792 extend the eligibility window for contracts affected by these market conditions. It changes the definition of eligible contracts from those awarded based on bids submitted before April 1, 2020, to those awarded prior to December 1, 2021. Moreover, it adds a provision for material costs that have risen by more than 5% during the acquisition period. Thus, the bill aims to create a more responsive support framework for small contractors navigating increased costs.

Summary

Bill A4792, introduced by Assemblyman Daniel R. Benson, seeks to amend the definition of 'eligible contract' under a grant program administered by the New Jersey Department of Transportation (DOT). This bill specifically addresses the needs of contractors and subcontractors who have been impacted by supply chain shortages, especially concerning the increased costs of materials necessary for fulfilling their contractual obligations. The principal objective of this legislation is to provide financial relief to these parties amid rising prices and disrupted supply chains that began affecting the market post-March 2020.

Contention

While the bill is largely seen as beneficial for small businesses within the construction sector, there may be differing opinions regarding state involvement in compensating for market fluctuations. Some critics could argue that such financial interventions may inadvertently lead to fiscal imbalances for the state or be insufficient in addressing the broader supply chain crisis. The requirement for applicants to demonstrate that material costs have significantly increased might also spark debate about the evaluation criteria used by the DOT.

Voting_history

The bill was reported favorably by the Assembly Transportation and Independent Authorities Committee on December 8, 2022, with a unanimous vote of 10 in favor and none against, demonstrating a strong bipartisan support at this stage.

Companion Bills

NJ S3124

Same As Changes definition of eligible contract for DOT grant program to compensate certain contractors and subcontractors affected by supply chain shortages.

Previously Filed As

NJ HB1915

Establishes rules to govern contracts between contractors, subcontractors, and other parties to construction contracts

NJ HB3166

Establishes rules to govern contracts between contractors, subcontractors, and other parties to construction contracts

NJ A1723

Requires certain notifications to subcontractors listed on bid for State contract by prime contractor.

NJ SB855

Further providing for duty of contractor; providing for registration of contractors and subcontractors, for registration fees, for proof of registration and for duties of contractors, subcontractors and the department; and further providing for remedies and penalties.

NJ HB1089

Establishes rules to govern contracts between contractors, subcontractors, and other parties to construction contracts

NJ HB2926

Provides certain immunity for private contractors, subcontractors, and employees of such contractors and subcontractors acting within the scope of a government contract awarded by the Missouri department of transportation

NJ S2932

Requires State agencies to make good faith effort towards certain goals to use certified minority and women-owned businesses as prime contractors and subcontractors.

NJ HB610

In public works employment verification, further providing for definitions, for duty of public works contractors and subcontractors, for verification form, for violations, for enforcement and sanctions, for Public Works Employment Verification Account, for protection from retaliation, for good faith immunity and for public works contractor and subcontractor liability; and making an editorial change.

NJ HB1067

Provides certain immunity for private contractors, subcontractors, and employees of such contractors and subcontractors acting within the scope of a government contract awarded by the Missouri department of transportation

NJ S0069

Provides employees with civil administrative remedies against contractors, subcontractors involved in the contract with joint/severable liability imposed on contractors or subcontractors. Effective 9/1/2025.

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