Posted 09 July 2013 - 11:14 AM N.J.S.A. 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 otherwise provided in section 6, no notice of claim for breach of contract, either express or implied in fact, shall be filed with the contracting agency later than 90 days after the accrual of workers compensation attorney such claim. A notice of claim shall include the following information: the name of the claimant, the nature of the claim, specific reasons for making the claim, and the total dollar amount of the claim if known. After the expiration of 90 days from the date the notice of claim is received by the contracting agency, the claimant may file suit in a court of competent jurisdiction of the State of New Jersey.
If anyone can help clarify, what is the State of New Jersey saying according to the 'bolded', 'underlined', and red statement in the above 'Presentation and Consideration of Claims'? I am a bit (very) confused. Is the State saying that I have within 90 days to file a claim against them from the 'breach', or claim, or the date of the 'claim of the breach', 'breach of the claim that the State is in breach'? Very convoluted. Please help.
Posted 09 July 2013 - 12:30 PM Tax_Counsel,
That is what I thought, I thought; but, I wanted a second or third interpretation. Thank you, again, for your very sound 'Counsel'. It looks like you chose the proper 'post name' for this forum (Counsel). Please allow for another question. As I stated above (a few posts earlier), I am in the process of filing a motion for permission to file a 'late notice of claim'. The paperwork has been completed, I just have not filed the motion as of yet. The paperwork for filing the actual claim has been completed, I just have not filed the actual claim for breach. Prior to filing the motion under N.J.S.A. Title 59:13-6, in your, or, anyone else in this forum's opinion, would not I need to file the claim of breach prior (or simultaneously) to the motion for permission to file the 'late notice of claim? My thoughts are that, I do need to file a claim against the state before filing the motion; because, in my opinion, the judge would need to have on record that I did not submit a 'notice of claim' within the 90 day accrual date of the alleged breach(s). Am I correct in my thinking? <br>For the original version including any supplementary images or video, visit http://boards.answers.findlaw.com/index.php/topic/226492-new-jersey-statutes-title-59-claims-against-public-entities/