New Jersey § 40a:11-50

§ 40a:11-50.

All construction contract documents entered into in accordance with the provisions

of P.L.1971, c. 198 ( C.40A:11-1 et seq. ) after the effective date of P.L.1997, c. 371 ( C.40A:11-50 ) shall provide that disputes arising under the contract shall be submitted to a process

of resolution pursuant to alternative dispute resolution practices, such as mediation,

binding arbitration or non-binding arbitration pursuant to industry standards, prior

to being submitted to a court for adjudication. Nothing in this section shall prevent the contracting unit from seeking injunctive

or declaratory relief in court at any time. The alternative dispute resolution practices required by this section shall not

apply to disputes concerning the bid solicitation or award process, bid withdrawal, or to the formation of contracts or subcontracts to be entered into pursuant to P.L.1971,

c. 198 ( C. 40A:11-1 et seq. ). Notwithstanding industry rules or any provision of law to the contrary, whenever a

dispute concerns more than one contract, such as when a dispute in a contract involving

construction relates to a contract involving design, architecture, engineering or

management, upon the demand of a contracting party, other interested parties to the

dispute shall be joined unless the arbitrator or person appointed to resolve the dispute

determines that such joinder is inappropriate. Notwithstanding industry rules or any provision of law to the contrary, whenever

more than one dispute of a similar nature arises under a construction contract, or

related construction contracts, upon the demand of a contracting party, the disputes

shall be joined unless the arbitrator or person appointed to resolve the dispute determines

that the disputes are inappropriate for joinder. For the purposes of this section, the term “ construction contract ” means a contract involving construction, or a contract related thereto concerning

architecture, engineering or construction management.