New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A563

Introduced
1/11/22  

Caption

Requires entities performing certain construction services on public contracts to carry errors and omissions insurance.

Impact

The implementation of A563 will require all entities awarded contracts paid with public or college funds for construction services—including civil design, mechanical engineering, electrical engineering, plumbing design, and structural engineering—to provide proof of errors and omissions insurance. This requirement is intended to mitigate risks faced by government entities due to professional errors, thereby safeguarding public funds against potential financial losses due to negligence by contractors. The declarations page of the insurance will also be made publicly accessible, ensuring transparency in the agreements made with contractors.

Summary

A563 is a legislative bill from the New Jersey Assembly that mandates entities engaged in certain construction services under public contracts to obtain errors and omissions insurance. This specialized type of insurance protects against liabilities resulting from mistakes, omissions, or negligence in the professional services rendered. The bill aims to enhance accountability and financial stability for public contracts by ensuring that service providers possess adequate coverage against potential claims arising during the execution of their contracts.

Contention

While the bill has the potential to improve fiscal responsibility in public contracting, it may also prompt discussions among stakeholders about the additional financial burdens placed on construction entities. For smaller engineering firms, the requirement to maintain errors and omissions insurance could result in higher operational costs. Additionally, concerns might arise regarding how these insurance requirements could influence contract bidding processes, possibly favoring larger firms that can more easily absorb these costs over smaller or local contractors. These points of contention will likely be central to legislative discussions as the bill advances through the assembly.

Companion Bills

No companion bills found.

Previously Filed As

NJ A3895

Requires entities performing certain construction services on public contracts to carry errors and omissions insurance.

NJ S3333

Requires certain public contracts for insurance coverage and consulting services to be awarded through competitive contracting process.

NJ A3984

Modifies use of cooperative purchasing agreements by certain public contracting units for construction services; prohibits time-and-materials contracts in certain circumstances; allows indefinite delivery, indefinite quantity public contracts in certain circumstances.

NJ S1783

Modifies use of cooperative purchasing agreements by certain public contracting units for construction services; prohibits time-and-materials contracts in certain circumstances; allows indefinite delivery, indefinite quantity public contracts in certain circumstances.

NJ S679

"Climate Corporate Data Accountability Act"; requires certain business entities to publicize annual greenhouse gas emissions data.

NJ A3970

Requires public entities to enter into project labor agreements in certain public works projects at or above $3 million.

NJ SB1185

public notices; publication; errors; omissions

NJ A3587

Requires boards of education, municipalities, counties, and certain other local contracting units to determine and utilize cost-saving practices when procuring goods and services.

NJ S3525

Requires boards of education, municipalities, counties, and certain other local contracting units to determine and utilize cost-saving practices when procuring goods and services.

NJ S653

Concerns contracting powers of certain local entities related to redevelopment.

Similar Bills

MO SB1452

Establishes provisions relating to construction contracts

MO SB615

Establishes provisions relating to construction contracts

MO HB3166

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

MO HB1915

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

AZ HB2692

procurement; professionals; construction services

CA SB983

San Diego Unified Port District: job order contracting: pilot program.

LA HB856

Provides relative to Indefinite Delivery, Indefinite Quantity Construction Phase Contract (EN SEE FISC NOTE SG EX)

WV SB587

Relating generally to government contracting