New Jersey § 58:10-23

§ 58:10-23.

a. When hazardous substance remediation is to be undertaken under contract with the

department, and a surety bond is required pursuant to N.J.S.2A:44-143 , the officer or agent contracting on behalf of the department shall require a performance

surety bond with good and sufficient sureties, with an additional obligation for the

payment by the contractor, and by all subcontractors and suppliers having a direct,

contractual relationship with the response action contractor, or with the owner of

the site, as the case may be, for all labor performed or materials, provisions, provender,

or other supplies, fuels, oils, implements, or machinery used or consumed in such

remediation work. When such contract is to be performed for a sum not exceeding $20,000, the department

may at its discretion waive the bond requirement of this section. b. A surety's obligation shall not extend to any claim for damages based upon alleged

negligence that resulted in personal injury, wrongful death, or damage to real or

personal property, and no bond shall in any way be construed as a liability insurance

policy. The surety shall in no event be liable on bonds to indemnify or compensate the obligee

for loss or liability arising from personal injury or property damage whether or not

caused by a breach of the bonded contract. Nothing herein shall relieve the surety's obligation to guarantee the contractor's

performance of all conditions of the contract. Only the obligee named on the bond, and any person performing labor for a contractor

or subcontractor covered by the surety bond, or any person providing materials for

remediation work for which the bond is required pursuant to this section, shall have

any claim against the surety under the bond. Unless otherwise provided for by the division in the bond, in the event of a default,

the surety's liability on a performance bond shall be only for the cost of completion

of the contract work in accordance with the plans and specifications, less the balance

of funds remaining to be paid under the contract, up to the penal sum of the bond.