N.J. Admin. Code § 19:36-1.4

Current through Register Vol. 56, No. 12, June 17, 2024

Section 19:36-1.4 - Access and record retention

(a) The design-builder shall make available records and accounts pertaining to school facilities projects to the State Comptroller and the State Auditor in their investigations, examinations and inspections of the activities related to the financing and undertaking of school facilities projects. The design-builder shall also cooperate, upon request, in sharing information with other State or Federal entities.

(b) The design-builder, shall be responsible to keep and maintain all of those records and accounts, including records and accounts of subcontractors and subconsultants, for school facilities project activities as necessary in order to evidence compliance with the Act and all applicable regulations and contractual requirements. Such records shall be retained by the design-builder for 10 years following substantial completion of a school facilities project, and any additional period required for the resolution of litigation, claims, or audit findings. Thereafter, those records shall be transferred to the Authority, unless the Authority, in its sole discretion, requests an earlier transfer of such records from the design-builder to the Authority or another designated entity. At any time, upon request of the Authority, the design-builder shall make records relating to the design-build project available to the Authority, within four business days of the request for documents, at no cost to the Authority.

(c) In the event that any litigation, claim, audit, or request pursuant to the Open Public Records Act, 47:1A-1 et seq., relating to the procurement or the performance of work under the design-build contract is commenced prior to expiration or termination of the design-build contract, all records relating to the procurement and the contract shall be retained until all litigation, claims, audit findings, document requests, and related appeals, if any, have been resolved with finality.

N.J. Admin. Code § 19:36-1.4

Amended by R.2013 d.053, effective 4/1/2013.
See: 44 N.J.R. 1318(a), 45 N.J.R. 752(a).
Rewrote (a) and (b); and added (c).