Title 59, Title 59: CLAIMS AGAINST PUBLIC ENTITIES

59:12-1. Fund establishment There is hereby established in the custody of the State Treasurer a fund to be used for the payment of claims against the State arising out of tort. No money shall be withdrawn from such fund unless the claim has been settled according to law or reduce…

59:12-2. Repealers All acts and parts of acts inconsistent with this act are, to the extent of such inconsistency, repealed, including without limitation: P.L.1971, c. 199, s. 26 (C. 40A:12-26). N.J.S. 18A:20-35; N.J.S. 38A:4-9; N.J.S. 38A:4-10; R.S. 53:1-22. L.1972, c. 45, s. 59…

59:12-3. Prospective application of act This act applies only to claims that accrue on or after its effective date. Claims that accrued prior to the effective date of this act are not affected by this act but shall continue to be governed by the law applicable thereto prior to th…

59:13-1. Short title This subtitle shall be known as the "New Jersey Contractual Liability Act." L.1972, c. 45, s. 59:13-1.

59:13-10. Claims affected by this chapter The time limitations contained in section 5 of this chapter shall not apply to those claims accruing prior to the effective date of this chapter; provided, however, that any law suits on such claims must be filed in a court of competent j…

59:13-2. Definitions As used in this chapter: "State" shall mean the State and any office, department, division, bureau, board, commission or agency of the State, but shall not include any such entity which is statutorily authorized to sue and be sued. "Contracting agency" shall …

59:13-3. Waiver of immunity from liability in contract The State of New Jersey hereby waives its sovereign immunity from liability arising out of an express contract or a contract implied in fact and consents to have the same determined in accordance with the rules of law applica…

59:13-4. Jurisdiction in the New Jersey courts The courts of competent jurisdiction of the State of New Jersey shall have jurisdiction over all claims against the State for breach of a contract, either express or implied in fact. Contract claims against the State shall be heard b…

59:13-5. Presentation and consideration of claims It shall be the responsibility of parties contracting with the State to promptly notify the State in writing of any situation or occurrence which may potentially result in the submission of a claim against the State. Except as oth…

59:13-6. Notice of late claim A claimant who fails to file notice of his claim within 90 days as provided in section 6 of this chapter, may, in the discretion of a judge of the Superior Court of the State of New Jersey, be permitted to file such notice at any time within 1 year a…

59:13-7. Arbitration statute unaffected Nothing in this chapter shall be construed to prohibit the parties from agreeing to settle contract disputes by arbitration in accordance with the provisions of N.J.S. 2A:24-1 et seq. L.1972, c. 45, s. 59:13-7.

59:13-8. Interest on judgments 59:13-8. Interest on judgments. No interest shall accrue prior to the entry of judgment in a court of competent jurisdiction, except that the court, in its discretion, may award prejudgment interest on the whole or part of a judgment arising out of …

59:13-9. Payment of claims Whenever any such claim shall have been settled according to law or reduced to final judgment in a court of competent jurisdiction, the same shall be certified by the Attorney General or his designee, to the State Treasurer who shall pay the claim upon …

59:14-2. Severability If any clause, sentence, subdivision, paragraph, section or part of this act be adjudged to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sent…

59:14-3. Appropriation a. There is hereby appropriated to the fund established pursuant to section 59:12-1 of this act, the sum of $750,000.00 for use during the fiscal year ending June 30, 1973. b. There is hereby appropriated to the Division of Law in the Department of Law and …

59:14-4. Effective date provision a. Subtitle 1 of this act takes effect on July 1, 1972; provided however the Attorney General is authorized to take such anticipatory action prior to the said effective date as he deems appropriate. b. Subtitle 2 and all other parts of this act s…