SENATE STATE GOVERNMENT, WAGERING, TOURISM & HISTORIC PRESERVATION COMMITTEE

STATEMENT TO

SENATE, No. 4281

with committee amendments

STATE OF NEW JERSEY

DATED:  DECEMBER 1, 2025

      The Senate State Government, Wagering, Tourism & Historic Preservation Committee reports favorably and with committee amendments Senate Bill No. 4281.

      As amended by the committee, this bill permits partnerships and joint ventures to bid on certain public works and prevailing wage contracts in certain cases.

      Under current law, contractors are unable to bid on any contract for public work, or for which payment of the prevailing wage is required, unless the contractor is registered.  This bill allows partnerships and joint ventures to bid on certain contracts, including heavy, highway, utility, marine, transit, environmental remediation, and related infrastructure projects, or any such project for which payment of the prevailing wage is required by law, if each party to the partnership or joint venture is independently registered.

      As amended, this bill requires a partnership or joint venture, prior to being awarded a contract, to register with the Department of Labor and Workforce Development to obtain a Public Works Contractor Registration certificate and designate a primary contract manager to oversee contract administration and compliance. 

      As amended, this bill requires that all parties to a partnership or joint venture are held jointly and severally liable for failure to perform or comply with a contract or a portion thereof, regardless of which party fails to perform or comply.  Failure to perform or comply with a contract, or a portion thereof, may result in penalties to the partnership or joint venture, including cancellation of the contract.

      As amended, this bill defines “heavy infrastructure project” as a public works project that involves the planning, design, construction, or maintenance of essential facilities and systems, including, but not limited to, roads, bridges, tunnels, railways, airports, seaports, transit systems, water and wastewater treatment facilities, stormwater systems, utilities, and environmental remediation efforts.

COMMITTEE AMENDMENTS:

      The committee amended the bill to limit the types of public work and prevailing wage contracts that will be permitted to receive bids from partnerships and joint ventures in which each party to the partnership or joint venture is independently registered.  The bill limits these contracts to heavy, highway, utility, marine, transit, environmental remediation, and related infrastructure projects, or any such project for which payment of the prevailing wage is required by law.

      The committee also amended the bill to require a partnership or joint venture, prior to being awarded a contract, to register with the Department of Labor and Workforce Development to obtain a Public Works Contractor Registration certificate and designate a primary contract manager to oversee contract administration and compliance. 

      Furthermore, the committee amended the bill to require that all parties to a partnership or joint venture are held jointly and severally liable for failure to perform or comply with a contract or a portion thereof, regardless of which party fails to perform or comply.  Failure to perform or comply with a contract, or a portion thereof, may result in penalties to the partnership or joint venture including cancellation of the contract.

      Lastly, the committee also amended the bill to define “heavy infrastructure project” as a public works project that involves the planning, design, construction, or maintenance of essential facilities and systems, including, but not limited to, roads, bridges, tunnels, railways, airports, seaports, transit systems, water and wastewater treatment facilities, stormwater systems, utilities, and environmental remediation efforts.

      As reported by the committee, Senate Bill No. 4281 is identical to Assembly Bill No. 4006 (2R), which was also reported by the committee on this date.