and may include {but not be limited to} a contractor having oversight for an excavation or demolition to be performed by rented operated equipment under the contractor’s on site direction provided the contractor contacts the One Call Damage Prevention System in the contractor’s name thereby assuming responsibility and liability to give notice of the intent to engage in excavation or demolition work in that manner.

Definition of Life of ticket to 45 Days

Notice for an excavation that is commenced within 10 business days as pursuant to the provisions of subsection a. of this section shall remain valid for 45 business days from the notification providing that the excavator maintains any mark out that is made by an operator in accordance with the provisions of paragraph 4 of subsection d of this section. Any excavation occurring after 45 business days from the time of such notification shall require a new notification in accordance with the provision of this section.

Establishment of Dispute Resolution

Any underground facilities operator that fails to mark, locate or otherwise provide the position and number of its underground facilities which may be affected by a planned excavation or demolition in accordance with the provision of paragraph 2 of subsection a. of section 8 of P.L. 1994, c.118 (C.48:2-80), shall be liable for any costs, labor, parts, equipment and personnel downtime, incurred by the underground facilities operator that owns, or controls the damaged underground facility. Any dispute arising from these aforementioned provisions, where the claim is less than $25,000.00 shall, be subject to an alternative dispute resolution process as established within the Office of Dispute Settlement in the Office of the Public Defender. These provisions are not to be construed as to discourage parties from pursuing alternative dispute resolution processes for an amount greater than $25,000.00. The parties may by mutual agreement designate another alternative dispute resolution association for all matters.

For more information, contact Eric Max, Director of ODS, at (609) 292-1773.