N.J. Stat. tit. 27, ch. 2

N.J. Stat. tit. 27, ch. 2
in effect

N.J. Stat. § 27:2-1 Road contracts

a. When the cost of constructing, reconstructing or resurfacing any State, county or municipal road, street or highway, or portion thereof, will exceed $7,500.00 or the amount determined pursuant to subsection b. of this section, the specifications and their adoption and the award of the contract therefor shall be subject to the provisions of this chapter. b. The Governor, in consultation with the Department of the Treasury, shall, no later than March 1 of each odd-numbered year, adjust the threshold amount set forth in subsection a. of this section, or subsequent to 1985 the threshold amount resulting from any adjustment under this subsection or section 17 of P.L. 1985, c. 469, in direct proportion to the rise or fall of the Consumer Price Index for all urban consumers in the New York City and the Philadelphia areas as reported by the United States Department of Labor. The Governor shall, no later than June 1 of each odd-numbered year, notify every governing body in charge of approving contracts for work on public thoroughfares specified in subsection a. of this section of the adjustment. The adjustment shall become effective on July 1 of each odd-numbered year. Amended by L. 1959, c. 110, p. 520, s. 1; L. 1985, c. 469, s. 3, eff. Jan. 16, 1986.

N.J. Stat. § 27:2-2 Types of material and construction; alternative bids

The body having charge of the work may adopt plans and specifications calling for more than one type of material and construction, and if more than one type is specified bids shall be asked for, on the types specified, in the alternative, but individual bidders shall not be required to submit bids on more than one type of material or construction.

N.J. Stat. § 27:2-3 Type of material selected; award to lowest bidder

After bids are received by the body having control of the work, it shall then select the type of material or construction which under all the circumstances is considered most suitable for the work and shall make the award to the lowest responsible bidder on the type of construction so selected.

N.J. Stat. § 27:2-4 Inviting bids on patented paving; other pavements

If a patented, proprietary pavement or paving material, or ingredients used in paving, is included in the specifications, the body having charge of the work shall not only specify such type of construction, but shall also place in the specifications one or more equivalent types of construction upon which no patent exists, or upon which there is no proprietary right or condition, as an alternate type, and bids shall be asked for on the various types so specified. The award shall be made to the lowest responsible bidder on the types of construction so placed in competition.

N.J. Stat. § 27:2-5 Specifications to make fair competition

In selecting alternate pavements for competition with each other the public body in charge of the work shall require the specifications to be so drawn that the competition is in every way fair and reasonable, and, so far as the engineering conditions will permit, the base to be used under the various types of pavement shall be of the same general character, and, so far as the engineering conditions will permit, of the same thickness and width, irrespective of the thickness of the surface pavement. In this particular the judgment of the public body shall be final.

N.J. Stat. § 27:2-6 Bituminous cements; variations allowed

When the ingredients used as a cement are bituminous in character, in alternates the same general type of bituminous cement shall be used in both the patented and proprietary pavements and the unpatented or nonproprietary pavements, the only variations permitted in this particular being the natural variations which are inevitable in the proper fluxing and blending of cements of a bituminous character for distinctive types of pavement, or where the bituminous cement is subjected to mechanical oxidation and to the impregnation of filler or other fine material by mechanical means subsequent to the original distillation.

N.J. Stat. § 27:2-7 Width and surface of competitive pavements to coincide

When a patented, proprietary or controlled pavement is used in alternate competition with unpatented, nonproprietary and non-controlled pavements, the width of the pavements for each type shall be the same and the extent in square yards of surface of each type in the competition shall be the same.

N.J. Stat. § 27:2-8 Liquid applications

The provisions of this chapter shall be applicable to patented proprietary pavements or ingredients which are applied to roadway surfaces in liquid form or are distributed by the spraying or sprinkling process.

N.J. Stat. § 27:2-8.1 Contracts, public highway, local road projects, recycled materials, maximum percentage, total pavement mixtures; definitions.

1. a. Notwithstanding any law, rule, or regulation to the contrary, when entering into a contract for a public highway project or a local road project, the Department of Transportation or the local contracting unit, as defined in and subject to the provisions of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.), shall authorize the contracted party to use recycled materials constituting a maximum of 35 percent, by weight, of the total pavement mixture for base and intermediate pavement courses, and a maximum of 20 percent, by weight, of the total pavement mixture for surface pavement courses, provided that, prior to the installation of asphalt mixtures containing reclaimed asphalt pavement, the contractor for the public highway project or local road project contracted pursuant to this section shall provide a mix design for approval to the Department of Transportation, which consists exclusively of materials, reclaimed asphalt pavement, mixtures, binders, and aggregates that meet or exceed the mix design specifications provided by the Department of Transportation. b. Nothing in this section shall be deemed to prohibit a local contracting unit from electing, in its discretion, to allow a party contracted for the purposes of a local road project, which does not receive State funds, to use reclaimed asphalt pavement, for the purposes of the project, at higher maximum percentage rates than the rates established pursuant to this section. c. All reclaimed asphalt pavement used pursuant to subsection b. of this section shall consist of only materials, mixtures, binders, and aggregates that have been approved under current Department of Transportation standard specifications. d. As used in this section: "Public highway" means public roads, streets, expressways, freeways, parkways, motorways, and boulevards, including bridges, tunnels, overpasses, underpasses, interchanges, rest areas, express bus roadways, bus pullouts and turnarounds, park-ride facilities, traffic circles, grade separations, traffic control devices, the elimination or improvement of crossings of railroads and highways, whether at grade or not at grade, bicycle and pedestrian pathways, and pedestrian and bicycle bridges traversing public highways and any facilities, equipment, property, rights of way, easements, and interests therein needed for the construction, improvement, and maintenance of highways. "Local road project" means a transportation infrastructure project that is authorized by a county or municipality and involves the construction, repair, renovation, restoration, replacement, or extension of a highway, as defined by R.S.39:1-1, which is owned, controlled, or maintained by the county or municipality. L.2023, c.160, s.1.

N.J. Stat. § 27:2-9 Renegotiation of contract with Commissioner of Transportation

Any person awarded a contract by the Commissioner of Transportation for the construction, reconstruction or resurfacing of any State, county or municipal road, street or highway, or portion thereof, which contract requires the contractor to provide for the disposal of solid waste, shall have the right to renegotiate the contract to reflect any increase in solid waste disposal costs whenever: a. the increase occurred as a result of compliance with an order issued by the Department of Environmental Protection, in conjunction with the Board of Public Utilities, directing the solid waste be disposed at a solid waste facility other than the facility previously utilized by the person to whom the contract has been awarded; or b. the increase in solid waste disposal costs occurred as a result of lawful increases in the rates, fees or charges imposed on the disposal of solid waste at the solid waste facility utilized by the person to whom the contract has been awarded. L.1989, c.236, s.3.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026

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