Each new party to contract with NJ is entitled to notice of claim

MIND 90-DAY NOTICE IN ADDING CLAIMS IN CONTRACT SUIT AGAINST STATE, COURT SAYS

N.J. Law Journal reports:

Parties litigating contract disputes with the state of New Jersey must file a new notice of claim if they want to expand the lawsuit, a unanimous state Supreme Court ruled on Tuesday.

It is not enough to file an amended complaint, as Hudson County did in County of Hudson v. N.J. Department of Corrections, A-74-09, a suit charging the state underpaid it by millions of dollars for housing state inmates. To add claims based on information it obtained through discovery, the county should have complied with the Contractual Liability Act, which, like the state Tort Claims Act, mandates 90 days’ notice of claims against state entities, followed by a wait of at least 90 days before going to court.

Read more…

Full text of CountyofHudson v State of NJ-dept of corrections-A7409

N.J. Contractual Liability Act, N.J.S.A. 59:13-1 et seq.

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About Lawrence "Larry" Berezin

I retired from the private practice of law after a 35-year legal career and fight parking tickets for people like you and me. I love sharing valuable information, tips and tricks to help drivers beat NYC parking tickets.

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