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New Jersey Public Construction Bonds

New Jersey requires surety security when public buildings or public works contracted at State, contracting-unit, or school-district expense; payment and performance bond; the public solicitation sets the penal sum. The bond protects subcontractors and suppliers at multiple tiers; a claimant without a direct contract with the prime has a pre-work written-notice step under §2A:44-145. 1,2

What Is Surety Bonds?

A surety bond guarantees that your business meets a specific obligation to a customer, contracting party or government agency. If a contract, license or permit requires one, get its exact form and amount; a bond is not insurance for your own losses. Read the national Surety bonds guide.

New Jersey Requirements

RequirementDetails
Public construction securityPublic buildings or public works contracted at state, contracting-unit, or school-district expense; payment and performance bond; the public solicitation sets the penal sum. 1

What to Watch for in New Jersey

  • Check the New Jersey Contract Trigger

    New Jersey law triggers public-work security when public buildings or public works contracted at State, contracting-unit, or school-district expense. Payment and performance bond; the public solicitation sets the penal sum Ask the contracting agency to confirm whether your project falls under this rule and to state the bond penal sum in the bid documents. 1

  • New Jersey Has Another Bond Rule for This Work

    The bond protects subcontractors and suppliers at multiple tiers; a claimant without a direct contract with the prime has a pre-work written-notice step under §2A:44-145. Before binding the surety, match the required obligee, bond form, and covered obligation to this separate rule. 2

  • Match the Solicitation’s Bond Form

    The N.J.S.A. 2A:44-143 governs this statutory obligation, while the project solicitation identifies the obligee, filing deadline, and any bid-security details. Get the final form approved before the bid date and confirm that the named surety is authorized for New Jersey work. 1,2

Who Regulates Insurance in New Jersey

New Jersey Department of Banking and Insurance

New Jersey DOBI licenses insurers and producers, reviews insurance products and rates, monitors insurer solvency and responds to insurance complaints. The Property and Casualty unit regulates commercial and personal property and casualty rates, rules and forms. 3,4,5,6

Surplus-lines tax and stamping office

Reported tax rate: 5% of gross premium, less return premium New Jersey’s Department of Banking and Insurance states a 5% surplus-lines tax for policies effective on or after July 1, 2009; its FAQ also describes direct-procurement tax filing for premium allocated to New Jersey. A New Jersey surplus-lines producer generally must make a diligent effort to place the risk with authorized insurers, subject to the exportable-list and other statutory exceptions. New Jersey’s separate surplus-lines guaranty fund has narrow coverage; ordinary commercial surplus-lines claims are generally outside guaranty protection. 7,8,9

Providers With Documented State Licenses

These providers publish a national listing for Surety bonds; the state records document licenses for the entities and roles shown below. Some records rely on company-reported information rather than independent regulator verification. A national listing does not confirm the product is available in New Jersey. Check the regulator’s license lookup and confirm state availability for your business when requesting a quote.

  • TechInsuranceSpecialty Program Group LLCInsurance producer · checked 2026-09-28TechInsurance’s current licensing page names Specialty Program Group LLC / SPG Insurance Solutions and lists state license numbers, but labels Rhode Island “Individual licenses” rather than identifying a license for the named agency. RI is omitted because this disclosure does not establish agency authority there; this is a search limitation, not an assertion that the company is unlicensed. The remaining state entries are company-reported and are not an insurance product availability map. 16

Questions to Ask Before You Buy in New Jersey

  1. Which New Jersey statute or procurement rule triggers this bond for our project, and what is the exact penal sum?
  2. Will the obligee accept another form of security, and who must approve that substitution in New Jersey?
  3. What notice, filing, and claim deadlines should our subcontractors and suppliers track under this bond?

Surety Bonds in New Jersey: FAQ

When does a New Jersey public construction project require a surety bond? 1

Public buildings or public works contracted at state, contracting-unit, or school-district expense. Payment and performance bond; the public solicitation sets the penal sum 1

Does New Jersey have another bond requirement beyond the public construction bond? 2

Yes. The bond protects subcontractors and suppliers at multiple tiers; a claimant without a direct contract with the prime has a pre-work written-notice step under §2A:44-145. 2

Surety Bonds in Other States

Other Coverage in New Jersey

Sources

  1. N.J.S.A. 2A:44-143. N.J.S.A. 2A:44-143; N.J.S.A. 2A:44-143. Accessed 2026-09-29.
  2. N.J.S.A. 2A:44-145. N.J.S.A. 2A:44-145; §2A:44-145: claimant notice and claim deadlines. Accessed 2026-09-29.
  3. New Jersey Department of Banking and Insurance. New Jersey Department of Banking and Insurance; Official regulator homepage. Accessed 2026-09-28.
  4. Division of Insurance. New Jersey Department of Banking and Insurance; States that Division issues insurer/producer licenses, reviews products and rates, monitors solvency and responds to consumer concerns. Accessed 2026-09-28.
  5. Insurance Licensing and Education. New Jersey Department of Banking and Insurance; Official producer licensing page links to NJDOBI Licensee Search and SBS Licensee Search. Accessed 2026-09-28.
  6. Consumer Information. New Jersey Department of Banking and Insurance; Official consumer assistance/complaints destination; DOBI hotline 800-446-7467. Accessed 2026-09-28.
  7. Surplus Lines FAQs. New Jersey Department of Banking and Insurance; Current DOBI FAQ states 5% on policies effective on/after July 1, 2009 and identifies direct-procurement filing when NJ receives an out-of-state surplus-lines premium allocation. Accessed 2026-09-28.
  8. N.J.A.C. 11:1-33.3, Surplus Lines Procurement Requirements. New Jersey Department of Banking and Insurance; Rule requires diligent effort to place with authorized insurer except coverages on Exportable List. Accessed 2026-09-28.
  9. Surplus Lines Tax Q&A. New Jersey Department of Banking and Insurance; DOBI FAQ states Surplus Lines Guaranty Fund covers medical malpractice liability and property covering owner-occupied dwellings under four units; this is narrow and not ordinary business coverage. Accessed 2026-09-28.
  10. Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
  11. Licenses and Carriers. Coalition; Licenses and Carriers, re-read 22 September 2026: Insurance Licenses table for Coalition Insurance Solutions, Inc., national producer number 18419475, with producer and surplus-lines numbers for all 50 states and DC including California 0L76155, Georgia 196479, Texas 2199630 and 2205589, Pennsylvania 815731 and 817452, Colorado 539028 and Wisconsin 3000108852. Insurance Carriers table naming, with NAIC numbers, Allianz Underwriters Insurance Company 36420, Arch Specialty Insurance Company 21199, Ascot Specialty Insurance Company 45055, Ascot Insurance Company 23752, Aspen Specialty Insurance Company 10717, Chaucer Insurance Company DAC, Coalition Insurance Company 29530, Fireman's Fund Indemnity Corporation 11380, Fortegra Specialty Insurance Company 16823, Lloyd's of London, MSIG Specialty Insurance USA Inc. 34886, MS Transverse Specialty Insurance Company 41807, Steadfast Insurance Company 26387, Vantage Risk Specialty Insurance Company 16275 and Zurich American Insurance Company 16535. Accessed 2026-09-22.
  12. Insurance Producer Licenses. Corgi Insurance; Current complete Insurance Producer Licenses table for Corgi Insurance Services, Inc.; 50 rows covering 49 states and DC (DC 3003091619); no New Mexico row; no NPN or as-of date shown. Accessed 2026-09-28.
  13. About Hiscox US Insurance. Hiscox; Hiscox Insurance Company Inc. NAIC 10200 as Chicago, IL domiciled insurer admitted or licensed in all 50 states and D.C.; Hiscox Inc. as general agent and Lloyd’s coverholder for Syndicates 33 and 3624; surplus-lines placements through licensed surplus-lines brokers; A.M. Best rating statement. Accessed 2026-09-16.
  14. Licenses. ERGO NEXT Insurance; Current entity-by-state license table reopened 28 September 2026: 50 rows under Next First Insurance Agency, Inc., including Washington, DC; New York rows instead list Next Insurance Services PC-1423070 and AP Intego BR-1198885. Accessed 2026-09-28.
  15. About Risklytics. Risklytics; What we do; Who we insure; Licensing; Agency licenses table dated 2026-09-10. Accessed 2026-09-16.
  16. Insurance Licenses by State. TechInsurance; Current state table; identifies TechInsurance as a division of Specialty Program Group LLC d/b/a SPG Insurance Solutions; lists DC 3000041536 and labels Rhode Island “Individual licenses,” without an agency license number. Accessed 2026-09-28.
  17. Licenses. Vouch; Effective 16 January 2025: Vouch Specialty Insurance Services, LLC, NPN 19926463; P&C table (50 states and DC); surplus-lines table includes Idaho 870820; footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses; Idaho retained as producer-only due to conflict. Accessed 2026-09-15.

Updated .

This guide is informational and does not determine whether a policy is available or meets your needs. Editorial policy. To suggest a correction, contact Spot with a supporting source.

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