Transportation proposes to readopt with
amendments rules governing construction control
The New Jersey Department of Transportation is proposing to readopt with amendments N.J.A.C. 16:45, the rules governing construction control.
N.J.A.C. 16:45 articulates procedures by which entities contracting with the Department of Transportation for construction work may seek the Department’s review of claims and disputes arising under their contract, with a view toward adjustment and resolution of such claims. The Department is proposing to readopt the chapter with substantive amendments, and technical amendments.
A proposed amendment would eliminate the Claims Review Board, a forum to which no claimant has applied for review since its authorization, and in its stead would authorize the use of non-binding mediation as a supplemental claims review forum.
A proposed new rule would articulate that participation in a claims resolution process under N.J.A.C. 16:45 or under the contract specifications is not a prerequisite to institution of suit against the Department or the State. It would highlight the applicability of N.J.S.A. 59:13-1 et seq., the Contractual Liability Act, to legal actions arising from Departmental contracts. It would articulate that a claimant’s institution of suit against the State or the Department for claims related to the pending claims resolution proceeding shall terminate the pending claims resolution proceeding. Finally, it would articulate that claims that are the subject of the legal action would be resolved under the provisions of the Contractual Liability Act unless and until they are dismissed, and that claims unrelated to the legal action would remain eligible for disposition under the claims resolution process or under the contract specifications.
The readoption proposal appears in the August 5, 2002, issue of the New Jersey Register. The public has until October 4, 2002 to comment on the proposal. Persons wishing to comment on the proposal must provide their comments in writing to Thomas P. Thatcher, Administrative Practice Officer, Bureau of Administrative Practice and Public Law Implementation, Division of Policy, Legislation, and Regulatory Actions, NJ Department of Transportation, 1035 Parkway Avenue, P O Box 600, Trenton, NJ 08625-0600, Fax: (609) 530-3841. Comments must be postmarked or sent by telefacsimile on or before October 4,, 2002, which is the close of the 60-day public comment period.