New Jersey 2026-2027 Regular Session

New Jersey Assembly Bill A3895

Introduced
1/13/26  

Caption

Requires entities performing certain construction services on public contracts to carry errors and omissions insurance.

Impact

The legislation is expected to improve the accountability of construction firms engaged in public projects by ensuring they maintain a level of insurance that safeguards public entities from potential financial losses due to professional errors. This requirement not only fortifies the financial integrity of public contracts but also seeks to enhance the overall quality of construction projects financed with public funds. By ensuring that construction contractors carry sufficient insurance coverage, the legislation aims to mitigate risks associated with construction-related liabilities.

Summary

Assembly Bill A3895 mandates that entities engaged in construction services under public contracts must secure errors and omissions insurance. This requirement applies to various types of construction services, including civil design, mechanical engineering, electrical engineering, plumbing design, and structural engineering. Prior to contract award, entities must provide proof of this specialized insurance, which protects against risks associated with negligence, errors, and omissions that can arise during the performance of their professional duties.

Conclusion

Overall, Assembly Bill A3895 stands to enact significant changes in how public construction contracts are approached, with a focus on increasing safeguards through required insurance. The underlying goal is to ensure that all construction services delivered under public contracts meet not only legal and financial requirements but also standards that protect the interests of taxpayers and beneficiaries of these projects. The community will need to balance the benefits of having such a requirement against the potential economic burdens placed on contractors.

Contention

While the bill has been broadly supported for its intent to safeguard public finances and improve project outcomes, it could face contention regarding the potential increase in costs for contractors. Some stakeholders may argue that the implementation of mandatory errors and omissions insurance could limit participation in public contracts, especially among smaller firms that might struggle with the affordability of such insurance coverage. Opponents might also raise concerns about the bureaucratic implications of mandating additional certifications for contract eligibility.

Companion Bills

NJ A1449

Carry Over Requires entities performing certain construction services on public contracts to carry errors and omissions insurance.

Similar Bills

MO SB1452

Establishes provisions relating to construction contracts

MO SB615

Establishes provisions relating to construction contracts

MO HB3166

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MO HB1915

Establishes rules to govern contracts between contractors, subcontractors, and other parties to construction contracts

AZ HB2692

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LA HB856

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CA SB983

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CA AB778

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