Senate Bill S800

Signed By Governor
2009-2010 Legislative Session

Prohibits any agreement relating to the construction, alteration, repair or maintenance of a building requiring subcontractors and materialmen to exhaust remedies

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Archive: Last Bill Status Via A2369 - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-S800 (ACTIVE) - Details

See Assembly Version of this Bill:
A2369
Law Section:
General Obligations Law
Laws Affected:
Amd ยง5-322.1, Gen Ob L

2009-S800 (ACTIVE) - Summary

Prohibits any agreement relating to the construction, alteration, repair or maintenance of a building requiring subcontractors and materialmen to exhaust all their remedies prior to filing a claim and/or commencing an action on a payment bond.

2009-S800 (ACTIVE) - Sponsor Memo

2009-S800 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 800                                                   A. 2369

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 15, 2009
                               ___________

IN  SENATE  --  Introduced  by  Sens.  BRESLIN,  HUNTLEY,  SCHNEIDERMAN,
  STACHOWSKI, STAVISKY, THOMPSON -- read twice and ordered printed,  and
  when printed to be committed to the Committee on Judiciary

IN  ASSEMBLY  -- Introduced by M. of A. CUSICK -- read once and referred
  to the Committee on Judiciary

AN ACT to amend the general obligations law, in relation  to  a  subcon-
  tractor's  or  materialman's  right to file a claim and/or commence an
  action upon a payment bond

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of section 5-322.1 of the general obligations
law is renumbered subdivision 3 and a new subdivision 2 is added to read
as follows:
  2.   A  COVENANT,  PROMISE,  AGREEMENT  OR  UNDERSTANDING  IN,  OR  IN
CONNECTION WITH OR COLLATERAL TO A CONTRACT OR AGREEMENT RELATIVE TO THE
CONSTRUCTION, ALTERATION, REPAIR OR MAINTENANCE OF  A  BUILDING,  STRUC-
TURE,  APPURTENANCES  AND  APPLIANCES  INCLUDING  MOVING, DEMOLITION AND
EXCAVATING CONNECTED THEREWITH, PURPORTING TO  CONDITION  A  SUBCONTRAC-
TOR'S  OR  MATERIALMAN'S RIGHT TO FILE A CLAIM AND/OR COMMENCE AN ACTION
ON A PAYMENT BOND ON EXHAUSTION  OF  ANOTHER  LEGAL  REMEDY  IS  AGAINST
PUBLIC POLICY AND IS VOID AND UNENFORCEABLE; PROVIDED THAT THIS SUBDIVI-
SION  SHALL  NOT AFFECT THE VALIDITY OF ANY INSURANCE CONTRACT, WORKERS'
COMPENSATION AGREEMENT OR OTHER AGREEMENT ISSUED BY AN ADMITTED INSURER.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00278-01-9

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