N.J. Stat. tit. 59, ch. 13

in effect

N.J. Stat. § 59:13-1 Short title

This subtitle shall be known as the "New Jersey Contractual Liability Act." L.1972, c. 45, s. 59:13-1.

N.J. Stat. § 59:13-2 Definitions

As used in this chapter: "State" shall mean the State and any office, department, division, bureau, board, commission or agency of the State, but shall not include any such entity which is statutorily authorized to sue and be sued. "Contracting agency" shall mean the appropriate agency of the State which is charged by law with the responsibility of awarding contracts. "Accrual of claim" shall mean the date on which the claim arose and shall not be affected by the notice provisions contained herein. L.1972, c. 45, s. 59:13-2.

N.J. Stat. § 59:13-3 Waiver of immunity from liability in contract

The State of New Jersey hereby waives its sovereign immunity from liability arising out of an express contract or a contract implied in fact and consents to have the same determined in accordance with the rules of law applicable to individuals and corporations; provided, however, that there shall be no recovery against the State for punitive or consequential damages arising out of contract nor shall there be any recovery against the State for claims based upon implied warranties or upon contracts implied in law. L.1972, c. 45, s. 59:13-3.

N.J. Stat. § 59:13-4 Jurisdiction in the New Jersey courts

The courts of competent jurisdiction of the State of New Jersey shall have jurisdiction over all claims against the State for breach of a contract, either express or implied in fact. Contract claims against the State shall be heard by a judge sitting without a jury. Except as otherwise expressly provided herein, all suits filed against the State under this chapter shall be in accordance with the rules governing the courts of the State of New Jersey. L.1972, c. 45, s. 59:13-4.

N.J. Stat. § 59:13-5 Presentation and consideration of claims

It shall be the responsibility of parties contracting with the State to promptly notify the State in writing of any situation or occurrence which may potentially result in the submission of a claim against the State. Except as otherwise provided in section 6, no notice of claim for breach of contract, either express or implied in fact, shall be filed with the contracting agency later than 90 days after the accrual of such claim. A notice of claim shall include the following information: the name of the claimant, the nature of the claim, specific reasons for making the claim, and the total dollar amount of the claim if known. After the expiration of 90 days from the date the notice of claim is received by the contracting agency, the claimant may file suit in a court of competent jurisdiction of the State of New Jersey. In all contract claims against the State, the claimant shall be forever barred from recovering against the State if: a. he fails to notify the appropriate contracting agency within 90 days of accrual of his claim except as otherwise provided in section 6 hereof; or b. he fails to file suit within 2 years of accrual of his claims or within 1 year after completion of the contract giving rise to paid claim, whichever may be later; or c. the claimant accepts personally or through his agent or legal representative any award, compromise or settlement made by the State of New Jersey. L.1972, c. 45, s. 59:13-5.

N.J. Stat. § 59:13-6 Notice of late claim

A claimant who fails to file notice of his claim within 90 days as provided in section 6 of this chapter, may, in the discretion of a judge of the Superior Court of the State of New Jersey, be permitted to file such notice at any time within 1 year after the accrual of his claim provided that the State has not been substantially prejudiced thereby. Application to a judge of the superior court for permission to file a late notice of claim shall be made upon motion based upon affidavits setting forth sufficient reason for the failure to file his notice of claim within the period of time prescribed by section 6 of this chapter. L.1972, c. 45, s. 59:13-6.

N.J. Stat. § 59:13-7 Arbitration statute unaffected

Nothing in this chapter shall be construed to prohibit the parties from agreeing to settle contract disputes by arbitration in accordance with the provisions of N.J.S. 2A:24-1 et seq. L.1972, c. 45, s. 59:13-7.

N.J. Stat. § 59:13-8 Interest on judgments

59:13-8. Interest on judgments. No interest shall accrue prior to the entry of judgment in a court of competent jurisdiction, except that the court, in its discretion, may award prejudgment interest on the whole or part of a judgment arising out of or relating to claims for the construction or installation of improvements to real property in accordance with principles of equity. L.1972, c.45, s.59:13-8; amended 2001, c.202.

N.J. Stat. § 59:13-9 Payment of claims

Whenever any such claim shall have been settled according to law or reduced to final judgment in a court of competent jurisdiction, the same shall be certified by the Attorney General or his designee, to the State Treasurer who shall pay the claim upon the warrant of the Director of the Division of Budget and Accounting out of any funds available to the department or other agency against which the claim was made. Whenever the State Treasurer shall determine that funds are unavailable to pay any such claim, he shall certify the amount of such deficiency and the amount so certified shall be appropriated and paid to the claimant in the manner aforesaid. L.1972, c. 45, s. 59:13-9.

N.J. Stat. § 59:13-10 Claims affected by this chapter

The time limitations contained in section 5 of this chapter shall not apply to those claims accruing prior to the effective date of this chapter; provided, however, that any law suits on such claims must be filed in a court of competent jurisdiction within 6 months of the effective date of this chapter or they shall be forever barred. L.1972, c. 45, s. 59:13-10.

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