[First Reprint]

SENATE, No. 436

STATE OF NEW JERSEY

INTRODUCED JANUARY 18, 1996

By Senators SINAGRA, CIESLA, Matheussen, Palaia, Martin, MacInnes and Kyrillos

An Act concerning certain projects and supplementing P.L.1963, c.150 (C.34:11-56.25 et seq.).

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

    1. a. Any person who submits a bid directly to a public body for a contract for any public work subject to the provisions of the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.) and is not awarded the contract ¹and whose bid is the lowest bid other than the bid accepted by the public body¹ (hereinafter referred to in this section as the "plaintiff") may bring an action for damages in a court of competent jurisdiction against the contractor who was directly awarded the contract by the public body or any subcontractor of that contractor (hereinafter referred to in this section as the "defendant") alleging that the defendant has, in connection with work performed pursuant to the contract, violated the provisions of P.L.1963, c.150 (C.34:11-56.25 et seq.) or failed to pay any contribution, tax, assessment or benefit required by any other applicable law.

    b. Upon finding that one or more defendants violated the provisions of P.L.1963, c.150 (C.34:11-56.25 et seq.) or failed to pay any contribution, tax, assessment or benefit required by any other applicable law in connection with work performed pursuant to the contract, and that the plaintiff submitted a bid for the contract which was less than the sum total of the bid accepted by the public body plus any additional amount that the defendant or defendants would have paid during the term of the contract to be in full compliance with P.L.1963, c.150 (C.34:11-56.25 et seq.) and other applicable laws in connection with the contract, the court shall order the defendant or defendants to pay to the plaintiff the entire amount of damages sustained plus reasonable attorney's fees or, if the court finds the noncompliance to be intentional, three times the amount of damages sustained plus reasonable attorney's fees. If there are two or more defendants, the court shall allocate the payments for damages sustained and attorney's fees among the defendants in a reasonable manner. Nothing in this section shall be construed as requiring payments to a plaintiff by any contractor or subcontractor who has not violated the provisions of P.L.1963, c.150 (C.34:11-56.25 et seq.) or failed to pay any contribution, tax, assessment or benefit required by any other applicable law in connection with work performed pursuant to the contract.

    c. ¹[A plaintiff may designate an agent or representative to maintain the action for and on behalf of all other plaintiffs who are similarly situated. In any action involving two or more plaintiffs, each plaintiff shall recover the entire amount of damages sustained by that plaintiff, as determined by the court, or if the court finds the noncompliance to be intentional, each plaintiff shall recover three times the entire amount of damages sustained by that plaintiff.

    d.]¹ For the purposes of this section, the damages sustained by a plaintiff shall ¹[include] be¹ the plaintiff's costs of preparing and submitting the bid ¹[and may, if sought by the plaintiff, include profits that the court determines the plaintiff would have made if the plaintiff had been awarded the contract and complied with the P.L.1963, c.150 (C.34:11-56.25 et seq.) and other applicable laws] plus ten percent of the value of the portion of the contract awarded to the defendant¹.

    ¹[e.] d.¹ If the court determines that the defendant did not, in connection with work performed pursuant to the contract, violate the provisions of P.L.1963, c.150 (C.34:11-56.25 et seq.) or fail to pay any contribution, tax, assessment or benefit required by other applicable law, the court shall order the plaintiff to pay the reasonable attorney's fees of the defendant.

    ¹[f.] e.¹ As used in this section:

    "Person" means any individual, corporation, company, partnership, firm, association or business;

    "Contractor" means a person who is directly awarded a contract for a public work by a public body; and

    "Subcontractor" means any subcontractor or lower tier subcontractor of a contractor.

    2. This act shall take effect immediately.

Concerns certain projects.