N.J. Stat. Ann. § 10:5-1 et seq. § 10:5-35
Failure to include affirmative action program; nullity of contract; violations; fine
Operative Text
a. Any public works contract including any subcontract awarded thereunder to any contractor which fails to contain the provisions set forth in sections 2 and 3 of this act shall be null and void; provided that if the award and execution of a contract is subject to Federal regulation requiring inclusion of similar contract provisions the same may be inserted in lieu of those required by sections 2 and 3 of this act, and further provided that nothing contained in this act shall operate to affect in any manner whatsoever any existing federally approved or sanctioned affirmative action program. b. For any violation of this law in addition to all other penalties allowable by law, the violator shall be subject to a fine of up to $1,000.00 for each violation for each day during which the violation continues, said fine to be collected in a summary manner pursuant to the "Penalty Enforcement Law" (N.J.S. 2A:58-1 et seq.). L.1975, c. 127, s. 5.
Under N.J.S.A. 10:5-1 et seq. § 10:5-35, public works contracts in New Jersey that omit required affirmative action provisions are rendered null and void from the outset. Contractors who violate this law face fines of up to $1,000 per violation for each day the violation continues, collected under the state's Penalty Enforcement Law. Federal affirmative action programs that are already approved or sanctioned are not displaced by this requirement, and federally mandated contract language may be substituted for the state-specified provisions where federal regulation applies.
Plain English — not legal advice.
Property owners and managers involved in public works contracting in New Jersey should be aware that N.J.S.A. 10:5-1 et seq. § 10:5-35 requires affirmative action provisions to be included in every covered contract and subcontract. Compliant operators typically review all public works agreements before execution to confirm that the required language is present, and they verify whether any applicable federal requirements allow substitute provisions. Failing to include the required terms not only voids the contract but also exposes the contracting party to daily fines of up to $1,000 per violation.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
While N.J.S.A. 10:5-1 et seq. § 10:5-35 primarily governs public works contractors rather than residential tenants, workers and community members affected by public works projects may have an interest in knowing that contracts lacking required affirmative action language are legally void under this provision. Individuals who believe a public works contractor is operating under a noncompliant contract can report concerns to the appropriate New Jersey state enforcement authorities or consult a tenant-rights or workers'-rights organization familiar with state civil rights law. Understanding this provision can also be relevant to those who encounter discriminatory practices connected to publicly funded construction or housing projects.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 6, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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