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 S1489

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

NJ A1547

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 S4176

Allows local contracting unit to accept bid up to 10 percent more than lowest responsible bid in awarding public contracts under certain circumstances.

NJ A2656

Increases, from 18 percent to 30 percent, amount of rental payments defined as rent constituting property taxes for purposes of deduction from gross income for property tax payments.

NJ S274

Debars permanently from government contracting any person convicted of certain crimes involving government contracts.

NJ S1951

Increases maximum municipal percentage of affordable fair share housing satisfied by age-restricted units to 50 percent.

NJ A1247

Increases maximum municipal percentage of affordable fair share housing satisfied by age-restricted units to 50 percent.

NJ A2684

Increases, from 18 percent to 30 percent, amount of rent constituting property taxes for purposes of gross income tax deduction for certain tenants.

NJ S4211

Increases amount of allowable New Jersey earned income tax credit from 40 percent to 50 percent of federal benefit amount.

NJ S653

Concerns contracting powers of certain local entities related to redevelopment.

Similar Bills

NJ S1489

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

NJ A1547

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 AB778

Local Agency Public Construction Act: internet website posting.

MI SB0125

Individual income tax: deductions; deduct overtime compensation from taxable income; provide for. Amends secs. 30, 701, 703 & 711 of 1967 PA 281 (MCL 206.30 et seq.).

CA AB1885

Public contracts: retention proceeds.

DC B26-0254

Contractor's Right to Stop Work for Nonpayment Amendment Act of 2025

CA SB597

Labor-related liabilities: direct contractor and subcontractor.

VA SB165

Contracts; retainage bonds permitted in construction contracts, effective clause.