NY State Senate Bill 2019-S5933

Archive: Last Bill Status - Vetoed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Vetoed By Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 13, 2019	vetoed memo.229
Dec 06, 2019	delivered to governor
Jun 20, 2019	returned to senate passed assembly
Jun 18, 2019	ordered to third reading rules cal.328 substituted for a2040a
Jun 17, 2019	referred to ways and means delivered to assembly passed senate
Jun 13, 2019	ordered to third reading cal.1353 committee discharged and committed to rules
Jun 10, 2019	print number 5933a
Jun 10, 2019	amend and recommit to finance
May 16, 2019	referred to finance

Votes

- Jun 17, 2019 - Floor Vote
  S5933
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 17, 2019
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
  Jun 13, 2019 - Rules Committee Vote
  S5933
  
  19
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 13, 2019
      
      aye (19)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      Parker
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins

Bill Amendments

Original

A (Active)

co-Sponsors

2019-S5933 - Details

See Assembly Version of this Bill:: A7985
Law Section:: State Finance Law
Laws Affected:: Add §138-b, St Fin L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S7166, A3520
2023-2024: S704

2019-S5933 - Summary

Relates to damages to contracts occasioned by delay of state agency.

2019-S5933 - Sponsor Memo

                                
 
BILL NUMBER: S5933

SPONSOR: COMRIE
 
TITLE OF BILL:  An act to amend the state finance law, in relation to
damages to contracts occasioned by delay

 
PURPOSE OR GENERAL IDEA OF BILL:

Requires state agency and authority public works contracts to include a
clause authorizing contractors to recover reasonable damages for delay
under limited circumstances.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of this bill amends the State Finance Law by adding a new
Section 138-b which would provide that all state agency and state
authority contracts shall contain a clause which allows a contractor to
make claim for additional costs due to excusable delays which are the
result of actions or omissions by a state agency or authority.  The act
or omission must be within the scope of their responsibility or control.
Section 2 of the bill sets forth the effective date.

 
JUSTIFICATION:

Current case law in New York State follows KALISCH-JARCHO, INC. V. CITY
OF NEW YORK (578 NY 2nd 377) and subsequent Court of Appeals decisions,
which allow a contractor to recover damages for such delay caused where
the owner acted in bad faith and with deliberate intent, along with
several other limited exceptions. In fact, the burden of proof to estab-
lish bad faith and deliberate intent makes it unlikely that contractors
would be able to recover damages for delay. Several public agencies,
most notably NYS Office of General Services (OGS) and the federal
government, have already recognized the unfairness of this restriction
and have provided in their public contracts for a more equitable allow-
ance for damages for delays resulting from public agency action. By
tracking current OGS contract language, this bill would reinstate the
pre-Kalisch-Jarcho standard making "no damages for delay" clauses unen-
forceable where the contractor has suffered a delay for an unreasonable
time and such delay is the fault or responsibility of the state agency.
It would require state agency and authority contracts to include a
clause authorizing contractors to recover damages for delay under such
circumstances, which is both fair and equi table, and recognized as such
by one of the largest agencies in New York State. Over 17 states allow
for the specific recovery of damages related to expenses incurred by the
contractor for a delay for which the state governmental unit is respon-
sible, and which delay was unreasonable under the circumstances, and was
not within the contemplation of the parties to the contract. Many more
states recognize a common law right to damages for delay. New York
should not be an exception to this trend, based on simple principles of
equity and fairness.

In 2018, Governor Cuomo vetoed a more expansive version of this legis-
lation (S.6686/A.7945-A). In his veto message (see Veto Message
 355-2018), Governor Cuomo raised several technical issues of concern.
This bill addresses the technical issues raised by Governor Cuomo and
clarifies liability for damages where actions or omissions of a state
agency or state authority are directly associated with the damages
incurred by a covered contractor. Specifically and in response to the
Governor's concerns, this bill a) is limited in application and scope
only to state agencies and state authorities; b) removes prior language
that the Governor was concerned could establish privity of contract
between a subcontractor and a public agency, and other third parties;
and c) further limits and narrows the criteria for a delay damages claim
against a state agency.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined. However, a standardized "damages for delay" clause in
state agency and authority contracts will result in decreased litigation
costs to the state and contractors.

 
EFFECTIVE DATE:
This act shall take effect 18o days after enactment.

2019-S5933 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5933
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the  state  finance  law,  in  relation  to  damages  to
   contracts occasioned by delay
 
   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:
   § 138-B. DAMAGES OCCASIONED BY DELAY.  1. FOR PURPOSES OF THIS SECTION
 THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "STATE  AGENCY" SHALL MEAN ALL ENTITIES AS DEFINED IN SECTION ONE
 HUNDRED SEVENTY-NINE-E OF THIS CHAPTER AND SUBDIVISION  ONE  OF  SECTION
 TWO OF THE PUBLIC AUTHORITIES LAW.
   (B)  "CONTRACT" SHALL MEAN ANY AGREEMENT AWARDED BY A STATE AGENCY FOR
 THE DESIGN, CONSTRUCTION, RECONSTRUCTION, DEMOLITION, ALTERATION, REPAIR
 OR IMPROVEMENT OF ANY PUBLIC WORKS PROJECT.
   (C) "DELAY" SHALL MEAN ANY DELAY,  DISRUPTION,  INTERFERENCE,  INEFFI-
 CIENCIES, IMPEDANCE, HINDRANCE OR ACCELERATION IN THE PERFORMANCE OF THE
 CONTRACT WHICH CAUSES DAMAGES TO BE INCURRED BY A CONTRACTOR.
   (D)  "CLAIM"  SHALL  MEAN A REQUEST FOR ADDITIONAL COSTS ONLY FROM THE
 FOLLOWING CAUSES:
   (I) THE FAILURE OF THE STATE AGENCY TO  TAKE  REASONABLE  MEASURES  TO
 COORDINATE AND PROGRESS THE WORK;
   (II) EXTENDED DELAYS ATTRIBUTABLE TO THE STATE AGENCY IN THE REVIEW OR
 ISSUANCE  OF ORDERS-ON-CONTRACT OR FIELD ORDERS, IN SHOP DRAWING REVIEWS
 AND 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; OR
   (III)  THE  UNAVAILABILITY  OF THE SITE FOR SUCH AN EXTENDED PERIOD OF
 TIME  WHICH  SIGNIFICANTLY  AFFECTS  THE  SCHEDULED  COMPLETION  OF  THE
 CONTRACT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11735-02-9

 S. 5933                             2
 
   2.  ALL CONTRACTS MADE AND AWARDED SHALL CONTAIN A CLAUSE WHICH ALLOWS
 A CONTRACTOR TO MAKE A CLAIM FOR ADDITIONAL COSTS ARISING FROM DELAY  IN
 THE  PERFORMANCE OF A CONTRACT IF SUCH DELAY IS CAUSED BY A MATERIAL ACT
 OR OMISSION OF THE STATE AGENCY.
   3.  THE  CONTRACTOR  SHALL PROVIDE A NOTICE OF CLAIM OF AN ANTICIPATED
 CLAIM FOR DELAY TO A STATE AGENCY BY PERSONAL SERVICE OR CERTIFIED  MAIL
 NO  MORE  THAN  FIFTEEN  DAYS AFTER SUCH CONTRACTOR KNEW THE FACTS WHICH
 FORM THE BASIS OF THE CLAIM. THE STATE AGENCY SHALL ACKNOWLEDGE  RECEIPT
 OF  THE  NOTICE,  IN  WRITING,  WITHIN FIVE DAYS. SUCH NOTICE SHALL AT A
 MINIMUM PROVIDE A DESCRIPTION OF ANY OPERATIONS THAT WERE, ARE BEING  OR
 WILL  BE DELAYED, AND THE DATE OR DATES AND REASONS FOR THE DELAY. IN NO
 CASE SHALL ORAL NOTICE CONSTITUTE NOTICE PURSUANT TO THIS SECTION OR  BE
 DEEMED  TO  CONSTITUTE  A WAIVER OF THE WRITTEN NOTICE REQUIREMENT.  FOR
 THE PURPOSES OF THIS SECTION, FAILURE TO PROVIDE SUCH  NOTICE  SHALL  BE
 CONSIDERED TO HAVE PREJUDICED THE STATE AGENCY.
   4.  FAILURE  BY  A CONTRACTOR TO ADEQUATELY PROGRESS THE COMPLETION OF
 WORK SHALL BE CONSIDERED IN DETERMINING THE CAUSES  OF  DELAY.  FOR  ANY
 CLAIM  ASSERTED  PURSUANT  TO  THIS  TITLE,  THE  CONTRACTOR  SHALL KEEP
 DETAILED WRITTEN RECORDS OF THE COSTS AND SHALL MAKE THEM AVAILABLE  FOR
 THE  PURPOSES OF AUDIT AND REVIEW. FAILURE TO PROVIDE THE REQUIRED WRIT-
 TEN NOTICE OR TO MAINTAIN AND FURNISH  RECORDS  OF  THE  COSTS  OF  SUCH
 CLAIMS SHALL CONSTITUTE A WAIVER OF THE CLAIM.
   5.  THE FOLLOWING INFORMATION SHALL BE PROVIDED BY THE CONTRACTOR UPON
 REQUEST OF A STATE AGENCY IF NOT PREVIOUSLY SUPPLIED:
   (A) A DESCRIPTION OF THE OPERATIONS THAT WERE DELAYED, THE REASONS FOR
 THE DELAY AND AN EXPLANATION OF HOW THEY WERE DELAYED;
   (B) A DETAILED FACTUAL STATEMENT OF THE CLAIM PROVIDING ALL  NECESSARY
 DATES, LOCATIONS AND ITEMS OF WORK AFFECTED BY THE CLAIM;
   (C)  THE  DATE  ON  WHICH  ACTIONS  RESULTING IN THE CLAIM OCCURRED OR
 CONDITIONS RESULTING IN THE CLAIM BECAME EVIDENT;
   (D) THE NAMES, FUNCTIONS AND ACTIVITIES OF  EACH  CONTRACTOR  INVOLVED
 IN, OR KNOWLEDGEABLE ABOUT FACTS THAT GAVE RISE TO SUCH CLAIM;
   (E)  THE  IDENTIFICATION OF ANY PERTINENT DOCUMENTS, AND THE SUBSTANCE
 OF ANY MATERIAL ORAL COMMUNICATION RELATING TO SUCH CLAIM;
   (F) THE AMOUNT OF ADDITIONAL COMPENSATION SOUGHT; AND
   (G) IF AN EXTENSION OF TIME IS ALSO REQUESTED, THE SPECIFIC NUMBER  OF
 DAYS FOR WHICH IT IS SOUGHT AND THE BASIS FOR SUCH REQUEST AS DETERMINED
 BY AN ANALYSIS OF THE CONSTRUCTION PROGRESS SCHEDULE.
   6.  WHEN SUBMITTING ANY CLAIM, THE CONTRACTOR SHALL CERTIFY IN WRITING
 AND UNDER OATH THAT THE SUPPORTING DATA IS ACCURATE AND COMPLETE TO  HIS
 OR  HER BEST KNOWLEDGE OR BELIEF, AND THAT ANY AMOUNT DEMANDED REFLECTS,
 IN GOOD FAITH, WHAT HE OR SHE BELIEVES TO BE THE STATE AGENCY'S  LIABIL-
 ITY.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law and shall apply to all contracts entered into
 on and after such date.

co-Sponsors

2019-S5933A (ACTIVE) - Details

See Assembly Version of this Bill:: A7985
Law Section:: State Finance Law
Laws Affected:: Add §138-b, St Fin L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S7166, A3520
2023-2024: S704

2019-S5933A (ACTIVE) - Summary

Relates to damages to contracts occasioned by delay of state agency.

2019-S5933A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5933A

SPONSOR: COMRIE
 
TITLE OF BILL:  An act to amend the state finance law, in relation to
damages to contracts occasioned by delay

 
PURPOSE OR GENERAL IDEA OF BILL:

Requires state agency and authority public works contracts to include a
clause authorizing contractors to recover reasonable damages for delay
under limited circumstances.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of this bill amends the State Finance Law by adding a new
Section 138-b which would provide that all state agency and state
authority contracts shall contain a clause which allows a contractor to
make claim for additional costs due to excusable delays which are the
result of actions or omissions by a state agency or authority. The act
or omission must be within the scope of their responsibility or control.
Section 2 of the bill sets forth the effective date.

 
JUSTIFICATION:

Current case law in New York State follows KALISCH-JARCHO, INC. V. CITY
OF NEW YORK (578 NY 2nd 377) and subsequent Court of Appeals decisions,
which allow a contractor to recover damages for such delay caused where
the owner acted in bad faith and with deliberate intent, along with
several other limited exceptions. In fact, the burden of proof to estab-
lish bad faith and deliberate intent makes it unlikely that contractors
would be able to recover damages for delay. Several public agencies,
most notably NYS Office of General Services (OGS) and the federal
government, have already recognized the unfairness of this restriction
and have provided in their public contracts for a more equitable allow-
ance for damages for delays resulting from public agency action. By
tracking current OGS contract language, this bill would reinstate the
pre-Kalisch-Jarcho standard making "no damages for delay" clauses unen-
forceable where the contractor has suffered a delay for an unreasonable
time and such delay is the fault or responsibility of the state agency.
It would require state agency and authority contracts to include a
clause authorizing contractors to recover damages for delay under such
circumstances, which is both fair and equitable, and recognized as such
by one of the largest agencies in New York State.  Over 17 states allow
for the specific recovery of damages related to expenses incurred by the
contractor for a delay for which the state governmental unit is respon-
sible, and which delay was unreasonable under the circumstances, and was
not within the contemplation of the parties to the contract. Many more
states recognize a common law right to damages for delay. New York
should not be an exception to this trend, based on simple principles of
equity and fairness.

In 2018, Governor Cuomo vetoed a more expansive version of this legis-
lation (S.6686/A.7945-A). In his veto message (see Veto Message
355-2018), Governor Cuomo raised several technical issues of concern.
This bill addresses the technical issues raised by Governor Cuomo and
clarifies liability for damages where actions or omissions of a state
agency or state authority are directly associated with the damages
incurred by a covered contractor. Specifically and in response to the
Governor's concerns, this bill a) is limited in application and scope
only to state agencies and state authorities; b) removes prior language
that the Governor was concerned could establish privity of contract
between a subcontractor and a public agency, and other third parties;
and c) further limits and narrows the criteria for a delay damages claim
against a state agency.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined. However, a standardized "damages for delay" clause in
state agency and authority contracts will result in decreased litigation
costs to the state and contractors.

 
EFFECTIVE DATE:
This act shall take effect 180 days after enactment.

2019-S5933A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5933--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced by Sens. COMRIE, RANZENHOFER -- read twice and ordered print-
   ed,  and  when  printed to be committed to the Committee on Finance --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT  to  amend  the  state  finance  law,  in relation to damages to
   contracts occasioned by delay

   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:
   § 138-B. DAMAGES OCCASIONED BY DELAY.  1. FOR PURPOSES OF THIS SECTION
 THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "STATE AGENCY" SHALL MEAN ANY  STATE  DEPARTMENT,  BOARD,  BUREAU,
 COMMISSION,  DIVISION,  OFFICE, COUNCIL, OR STATE COMMITTEE OR ANY STATE
 AUTHORITY AS DEFINED IN SUBDIVISION ONE OF SECTION  TWO  OF  THE  PUBLIC
 AUTHORITIES  LAW. SUCH TERM SHALL NOT INCLUDE THE LEGISLATURE OR JUDICI-
 ARY.
   (B) "CONTRACT" SHALL MEAN ANY AGREEMENT AWARDED BY A STATE AGENCY  FOR
 THE DESIGN, CONSTRUCTION, RECONSTRUCTION, DEMOLITION, ALTERATION, REPAIR
 OR IMPROVEMENT OF ANY PUBLIC WORKS PROJECT.
   (C)  "DELAY"  SHALL  MEAN ANY DELAY, DISRUPTION, INTERFERENCE, INEFFI-
 CIENCIES, IMPEDANCE, HINDRANCE OR ACCELERATION IN THE PERFORMANCE OF THE
 CONTRACT WHICH CAUSES DAMAGES TO BE INCURRED BY A CONTRACTOR.
   (D) "CLAIM" SHALL MEAN A REQUEST FOR ADDITIONAL COSTS  ONLY  FROM  THE
 FOLLOWING CAUSES:
   (I)  THE  FAILURE  OF  THE STATE AGENCY TO TAKE REASONABLE MEASURES TO
 COORDINATE AND PROGRESS THE WORK;
   (II) EXTENDED DELAYS ATTRIBUTABLE TO THE STATE AGENCY IN THE REVIEW OR
 ISSUANCE OF ORDERS-ON-CONTRACT OR FIELD ORDERS, IN SHOP DRAWING  REVIEWS
 AND APPROVALS OR AS A RESULT OF THE CUMULATIVE IMPACT OF MULTIPLE ORDERS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11735-03-9

 S. 5933--A                          2
 
 ON  CONTRACT,  WHICH CONSTITUTE A QUALITATIVE CHANGE TO THE PROJECT WORK
 AND WHICH HAVE A VERIFIABLE IMPACT ON PROJECT COSTS; OR
   (III)  THE  UNAVAILABILITY  OF THE SITE FOR SUCH AN EXTENDED PERIOD OF
 TIME  WHICH  SIGNIFICANTLY  AFFECTS  THE  SCHEDULED  COMPLETION  OF  THE
 CONTRACT.
   2.  ALL CONTRACTS MADE AND AWARDED SHALL CONTAIN A CLAUSE WHICH ALLOWS
 A CONTRACTOR TO MAKE A CLAIM FOR ADDITIONAL COSTS ARISING FROM DELAY  IN
 THE  PERFORMANCE OF A CONTRACT IF SUCH DELAY IS CAUSED BY A MATERIAL ACT
 OR OMISSION OF THE STATE AGENCY.
   3. THE CONTRACTOR SHALL PROVIDE A NOTICE OF CLAIM  OF  AN  ANTICIPATED
 CLAIM  FOR DELAY TO A STATE AGENCY BY PERSONAL SERVICE OR CERTIFIED MAIL
 NO MORE THAN FIFTEEN DAYS AFTER SUCH CONTRACTOR  KNEW  THE  FACTS  WHICH
 FORM  THE BASIS OF THE CLAIM. THE STATE AGENCY SHALL ACKNOWLEDGE RECEIPT
 OF THE NOTICE, IN WRITING, WITHIN FIVE DAYS.  SUCH  NOTICE  SHALL  AT  A
 MINIMUM  PROVIDE A DESCRIPTION OF ANY OPERATIONS THAT WERE, ARE BEING OR
 WILL BE DELAYED, AND THE DATE OR DATES AND REASONS FOR THE DELAY. IN  NO
 CASE  SHALL ORAL NOTICE CONSTITUTE NOTICE PURSUANT TO THIS SECTION OR BE
 DEEMED TO CONSTITUTE A WAIVER OF THE WRITTEN NOTICE  REQUIREMENT.    FOR
 THE  PURPOSES  OF  THIS SECTION, FAILURE TO PROVIDE SUCH NOTICE SHALL BE
 CONSIDERED TO HAVE PREJUDICED THE STATE AGENCY.
   4. FAILURE BY A CONTRACTOR TO ADEQUATELY PROGRESS  THE  COMPLETION  OF
 WORK  SHALL  BE  CONSIDERED  IN DETERMINING THE CAUSES OF DELAY. FOR ANY
 CLAIM ASSERTED  PURSUANT  TO  THIS  TITLE,  THE  CONTRACTOR  SHALL  KEEP
 DETAILED  WRITTEN RECORDS OF THE COSTS AND SHALL MAKE THEM AVAILABLE FOR
 THE PURPOSES OF AUDIT AND REVIEW. FAILURE TO PROVIDE THE REQUIRED  WRIT-
 TEN  NOTICE  OR  TO  MAINTAIN  AND  FURNISH RECORDS OF THE COSTS OF SUCH
 CLAIMS SHALL CONSTITUTE A WAIVER OF THE CLAIM.
   5. THE FOLLOWING INFORMATION SHALL BE PROVIDED BY THE CONTRACTOR  UPON
 REQUEST OF A STATE AGENCY IF NOT PREVIOUSLY SUPPLIED:
   (A) A DESCRIPTION OF THE OPERATIONS THAT WERE DELAYED, THE REASONS FOR
 THE DELAY AND AN EXPLANATION OF HOW THEY WERE DELAYED;
   (B)  A DETAILED FACTUAL STATEMENT OF THE CLAIM PROVIDING ALL NECESSARY
 DATES, LOCATIONS AND ITEMS OF WORK AFFECTED BY THE CLAIM;
   (C) THE DATE ON WHICH ACTIONS  RESULTING  IN  THE  CLAIM  OCCURRED  OR
 CONDITIONS RESULTING IN THE CLAIM BECAME EVIDENT;
   (D)  THE  NAMES,  FUNCTIONS AND ACTIVITIES OF EACH CONTRACTOR INVOLVED
 IN, OR KNOWLEDGEABLE ABOUT FACTS THAT GAVE RISE TO SUCH CLAIM;
   (E) THE IDENTIFICATION OF ANY PERTINENT DOCUMENTS, AND  THE  SUBSTANCE
 OF ANY MATERIAL ORAL COMMUNICATION RELATING TO SUCH CLAIM;
   (F) THE AMOUNT OF ADDITIONAL COMPENSATION SOUGHT; AND
   (G)  IF AN EXTENSION OF TIME IS ALSO REQUESTED, THE SPECIFIC NUMBER OF
 DAYS FOR WHICH IT IS SOUGHT AND THE BASIS FOR SUCH REQUEST AS DETERMINED
 BY AN ANALYSIS OF THE CONSTRUCTION PROGRESS SCHEDULE.
   6. WHEN SUBMITTING ANY CLAIM, THE CONTRACTOR SHALL CERTIFY IN  WRITING
 AND  UNDER OATH THAT THE SUPPORTING DATA IS ACCURATE AND COMPLETE TO HIS
 OR HER BEST KNOWLEDGE OR BELIEF, AND THAT ANY AMOUNT DEMANDED  REFLECTS,
 IN  GOOD FAITH, WHAT HE OR SHE BELIEVES TO BE THE STATE AGENCY'S LIABIL-
 ITY.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law and shall apply to all contracts entered into
 on and after such date.

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Senate Bill S5933

Sponsored By

Archive: Last Bill Status - Vetoed by Governor

Jun 17, 2019 - Floor Vote

Floor Vote: Jun 17, 2019

Jun 13, 2019 - Rules Committee Vote

Rules Committee Vote: Jun 13, 2019

Bill Amendments

co-Sponsors

2019-S5933 - Details

2019-S5933 - Summary

2019-S5933 - Sponsor Memo

2019-S5933 - Bill Text download pdf

co-Sponsors

2019-S5933A (ACTIVE) - Details

2019-S5933A (ACTIVE) - Summary

2019-S5933A (ACTIVE) - Sponsor Memo

2019-S5933A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5933

Share this bill

Sponsored By

Leroy Comrie

Archive: Last Bill Status - Vetoed by Governor

Bill Amendments

co-Sponsors

Michael H. Ranzenhofer

2019-S5933 - Details

2019-S5933 - Summary

2019-S5933 - Sponsor Memo

2019-S5933 - Bill Text download pdf

co-Sponsors

John C. Liu

Michael H. Ranzenhofer

2019-S5933A (ACTIVE) - Details

2019-S5933A (ACTIVE) - Summary

2019-S5933A (ACTIVE) - Sponsor Memo

2019-S5933A (ACTIVE) - Bill Text download pdf

Comments