New Jersey § 2a:58b-3

§ 2a:58b-3.

a. As used in this act: “ Public entity ” means this State or any department, public authority, public agency, public commission

or any instrumentality of this State authorized by law to make contracts for the making

of any public work, but shall not include any county, municipality or instrumentality

thereof. “ Contractor ” means a person, his assignees or legal representatives, with whom a contract with

a public entity is made. b. A covenant, promise, agreement or understanding in, or in connection with or collateral

to a contract, agreement or purchase order, to which a public entity is a party, relative

to the construction, alteration, repair, maintenance, servicing or security of a building,

structure, highway, roadway, railroad, appurtenance and appliance, including moving,

demolition, excavating, grading, clearing, site preparation or development of real

property connected therewith, purporting to limit a contractor's remedy for delayed

performance caused by the public entity's negligence, bad faith, active interference,

or other tortious conduct to an extension of time for performance under the contract,

is against public policy and is void and unenforceable. c. Nothing in this section shall be deemed to void any provisions in a contract, agreement

or purchase order which limits a contractor's remedy for delayed performance caused

by reasons contemplated by the parties nor shall the negligence of others be imputed

to the State. d. Nothing in this section shall be deemed to void any provision in a contract, agreement

or purchase order which requires notice of delays, provides for arbitration or other

procedures for settlement or provides for liquidated damages.