Assembly Bill A4699

2011-2012 Legislative Session

Requires public contracts to include a clause authorizing contractors to recover damages for delay for itself as well as on behalf of subcontractors or materialmen

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Archive: Last Bill Status - In Assembly Committee

  • 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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2011-A4699 (ACTIVE) - Details

See Senate Version of this Bill:
S2465
Current Committee:
Assembly Governmental Operations
Law Section:
State Finance Law
Laws Affected:
Add ยง138-b, St Fin L
Versions Introduced in Other Legislative Sessions:
2009-2010: A7255, S4671
2013-2014: A2224, S977
2015-2016: A6151
2017-2018: A7945
2019-2020: A2040

2011-A4699 (ACTIVE) - Summary

Requires public contracts to include clauses authorizing contractors to recover damages for delay which are caused by acts or omissions by the public owner, as otherwise permitted by law, and requires the contractor, when submitting a claim, to certify that the supporting data is accurate to the best of his or her knowledge and the amount of the claim he or she believes to be the public owner's liability.

2011-A4699 (ACTIVE) - Bill Text download pdf 

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

                                  4699

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 7, 2011
                               ___________

Introduced by M. of A. V. LOPEZ -- read once and referred to the Commit-
  tee on Governmental Operations

AN  ACT to amend the state finance law, in relation to damages for delay
  clauses in public contracts

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

  Section  1.  The  state finance law is amended by adding a new section
138-b to read as follows:
  S 138-B. DAMAGES FOR DELAY IN PUBLIC CONTRACTS.   1.    ALL  CONTRACTS
MADE  AND  AWARDED  BY  THE  STATE, ANY STATE AGENCY, PUBLIC DEPARTMENT,
MUNICIPAL CORPORATION, PUBLIC BENEFIT CORPORATION, SCHOOL DISTRICT OR  A
COMMISSION  APPOINTED  PURSUANT  TO LAW (HEREINAFTER REFERRED TO IN THIS
SECTION AS A "PUBLIC OWNER") FOR DESIGN,  CONSTRUCTION,  RECONSTRUCTION,
DEMOLITION,  ALTERATION, REPAIR OR IMPROVEMENT OF ANY PUBLIC WORKS SHALL
CONTAIN A CLAUSE WHICH ALLOWS A CONTRACTOR TO MAKE CLAIM FOR  ADDITIONAL
COSTS FROM CAUSES LISTED BELOW, ATTRIBUTABLE TO DELAY IN THE PERFORMANCE
OF THIS CONTRACT, OCCASIONED BY ANY ACT OR OMISSION TO ACT BY THE PUBLIC
OWNER OR ANY OF ITS REPRESENTATIVES.
  (A)  THE  FAILURE  OF  THE PUBLIC OWNER TO TAKE REASONABLE MEASURES TO
COORDINATE AND PROGRESS THE WORK.
  (B) EXTENDED DELAYS ATTRIBUTABLE TO THE PUBLIC OWNER IN THE REVIEW  OR
ISSUANCE  OF ORDERS-ON-CONTRACT OR FIELD ORDERS, IN SHOP DRAWING REVIEWS
OR APPROVALS OR AS A RESULT OF THE CUMULATIVE IMPACT OF MULTIPLE  ORDERS
ON  CONTRACT,  WHICH CONSTITUTE A QUALITATIVE CHANGE TO THE PROJECT WORK
AND WHICH HAVE A VERIFIABLE IMPACT ON PROJECT COSTS.
  (C) THE UNAVAILABILITY OF THE SITE FOR SUCH AN EXTENDED PERIOD OF TIME
WHICH SIGNIFICANTLY AFFECTS THE SCHEDULED COMPLETION OF THE CONTRACT.
  (D) THE ISSUANCE BY THE PUBLIC OWNER OF A STOP WORK ORDER RELATIVE  TO
A SUBSTANTIAL PORTION OF WORK FOR A PERIOD EXCEEDING THIRTY DAYS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07298-01-1

A. 4699                             2

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