New Jersey § 34:11a-5
Full text of New Jersey New Jersey Statutes § 34:11a-5, with citation guidance and answers to common questions.
§ 34:11a-5.
a. Upon receipt of the notice required by paragraph (2) of subsection a. of section
4 of this act 1 or subsection b. of section 4 of this act, a private or public project owner shall
withhold from the sums otherwise due the prime contractor, a sum equal to the amount
claimed due by the fringe benefit fund and any further sums subsequently demanded
by the fringe benefit fund arising out of work performed at the private or public
project, which sums shall be segregated from the construction fund and held in trust
by the private or public project owner or deposited with the clerk of the Superior
Court and paid to the fringe benefit fund claiming the delinquency. b. The amount withheld or deposited by the private or public project owner shall not
exceed the amount due and owing from that owner to the prime contractor at the time
notice is received by the owner. c. The extent to which notice for a subcontractor delinquency shall create liability
upon the owner shall be limited to the amount due and owing, at the time notice is
received, by the owner to the prime contractor, or by the prime contractor to the
delinquent subcontractor or by the subcontractor who is in privity with the delinquent
subcontractor, whichever is less. d. Payment by the private or public project owner to the fringe benefit fund shall
be made within 45 days of such demand, unless and only to the extent that the subcontractor
or prime contractor against whom such delinquency claim has been asserted notifies
the owner and the fringe benefit fund in writing by certified mail, return receipt
requested, prior to the expiration of the 45 day period that it contests the claim
of the fringe benefit fund. Whenever a notice of contest has been sent by the claimed delinquent construction
employer, the private or public project owner shall hold a sum in the amount claimed
due by the fringe benefit fund as trustee and payment therefrom shall be made upon
the entry of a final judgment of a court of competent jurisdiction or upon receipt
of the consent of all of the parties. 1
N.J.S.A. § 34:11A-4.
Frequently Asked Questions About New Jersey § 34:11a-5
What does New Jersey Statutes § 34:11a-5 cover?
Section 34:11a-5 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 34:11a-5?
A common citation format is "New Jersey Statutes § 34:11a-5" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 34:11a-5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.