New Jersey Assembly Bill A5335 would bar public and governmental entities from withholding a qualifying partial construction payment solely because of a minor clerical, administrative, or technical error. It is a proposal, not established current law: the available bill text is marked “As introduced,” and the latest legislative action has not been verified.
What A5335 would do
Assembly No. 5335, sponsored by Assemblyman Clinton Calabrese, was introduced on June 28, 2026. Its proposed restriction applies to partial payments on public construction contracts. The bill lists public and governmental entities that include boards of education, State colleges, the Department of Transportation, county boards of commissioners, the New Jersey Turnpike Authority, and certain contracting units.
The bill defines a “clerical, administrative, or technical error” as an unintentional error, omission, defect, or minor mathematical discrepancy in a payment application or supporting documentation that does not materially affect the amount due, contractor performance, or a State agency’s ability lawfully to make the payment.
When the proposed restriction would apply
All of the bill’s stated conditions must be satisfied for the restriction on withholding to apply:
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- The error does not affect cost, scope, safety, insurance coverage, bonding, or work eligibility.
- The error is not related to fraud, misrepresentation, or a material contractual requirement.
- The payment is partial, not final.
That makes the proposal narrower than a general ban on withholding money over errors. Deficient work, materially significant problems, and final payments are outside the stated restriction.
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What else the introduced text would amend
A5335 also proposes amendments to provisions addressing owner payment timing, payments from prime contractors to subcontractors and subsubcontractors, interest on late payments, and circumstances in which a contractor may suspend performance after written notice. These are proposed changes in the introduced bill text, not a statement of current law. The bill says it would take effect immediately if enacted.
How to check the bill’s current status
The introduced text alone does not establish whether A5335 has since been assigned to a committee, amended, advanced, or enacted. Check the New Jersey Legislature’s official bill-search page for the current 2026–2027 session docket, using the bill-number and status search fields.
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