New Jersey S 1489: Ensures equal rights and opportunities for pregnant students in institutions of higher education.*

Bill Text

S1489 

SENATE, No. 1489 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Senator JOSEPH P. CRYAN

District 20 (Union)

SYNOPSIS

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

CURRENT VERSION OF TEXT 

���� Introduced Pending Technical Review by Legislative 
Counsel.

�� 

An Act concerning the withholding of partial payments for 
certain contracts entered into by contracting units and amending P.L.1979, 
c.464.

���� Be It 
Enacted by the Senate and General Assembly of 
the State of New Jersey:

���� 1.��� Section 2 of P.L.1979, 
c.464 (C.40A:11-16.3) is amended to read as follows:

���� 2.��� a. With respect to any 
contract entered into by a contracting unit pursuant to section 1 of P.L.1979, 
c.464 (C.40A:11-16.2) for which the contractor shall agree to the withholding 
of payments pursuant to P.L.1979, c.152 (C.40A:11-16.1), [2%] 10 percent 
of the amount due on each partial payment shall be withheld by the contracting 
unit pending completion of the contract. 

���� b.��� Upon acceptance of the 
work performed pursuant to the contract for which the contractor has agreed to 
the withholding of payments pursuant to subsection a. of this section, all 
amounts being withheld by the contracting unit shall be released and paid in full 
to the contractor within 45 days of the final acceptance date agreed upon by 
the contractor and the contracting unit, without further withholding of any 
amounts for any purpose whatsoever, provided that the contract has been 
completed as indicated.� If the contracting unit requires maintenance security 
after acceptance of the work performed pursuant to the contract, [such] the 
security shall be obtained in the form of a maintenance bond.� The maintenance 
bond shall be no longer than two years and shall be no more than [100%] 100 
percent of the project costs.� 

(cf: P.L.1999, c.440, s.26)

���� 2.��� This act shall take 
effect immediately and shall apply to contracts entered into by a contracting 
unit pursuant to section 1 of P.L.1979, c.464 (C.40A:11-16.2) after the effective 
date of P.L.��� , c.���� (pending before the Legislature as this bill).

STATEMENT

���� Under current law, for certain 
contracts entered into by a contracting unit, the total price of which exceeds 
$100,000, involves the construction, reconstruction, alteration, repair or 
maintenance of any building, structure, facility or other improvement to real 
property, and for which the contractor agrees to the withholding of payments, 
the contracting unit is required to withhold two percent of the amount due on 
each partial payment pending completion of the contract. This bill amends 
the law to increase the amount of partial payment withheld by contracting unit 
from two percent to 10 percent.

���� The bill also makes technical 
revisions.