Assembly Bill A6824

2021-2022 Legislative Session

Relates to payment by public owners to contractors and subcontractors

download bill text pdf

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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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2021-A6824 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
State Finance Law
Laws Affected:
Amd §139-f, St Fin L; amd §106-b, Gen Muni L
Versions Introduced in Other Legislative Sessions:
2015-2016: A9740
2017-2018: A241
2019-2020: A3250
2023-2024: A1925

2021-A6824 (ACTIVE) - Summary

Relates to payment by public owners to contractors and subcontractors.

2021-A6824 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6824
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 8, 2021
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN, HYNDMAN, SEAWRIGHT, WALKER,
   SOLAGES -- read once and referred to  the  Committee  on  Governmental
   Operations
 
 AN  ACT to amend the state finance law and the general municipal law, in
   relation to payment by public owners to contractors and subcontractors

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The opening paragraph and subdivisions 1 and 2 of section
 139-f of the state finance law, the opening paragraph as added by  chap-
 ter  769 of the laws of 1978, subdivision 1 as amended by chapter 341 or
 the laws of 2020 and subdivision 2 as amended by section 16 of  part  MM
 of chapter 57 of the laws of 2008, are amended to read as follows:
   Notwithstanding  the  provisions  of  any  other  law to the contrary,
 except the provisions of section thirty-eight of the  highway  law,  all
 contracts made and awarded by the state, or by any public department, or
 by  any public benefit corporation or by any public corporation or offi-
 cial  thereof,  hereafter  referred  to  as  the   public   owner,   for
 construction,  reconstruction  or  alteration of any public work project
 shall provide for payment by the public  owner  to  the  contractor  and
 [payment  by  the  contractor] to the subcontractor OR SUBCONTRACTORS in
 accordance with the following:
   1. Payment by public owners to contractors. The contractor shall peri-
 odically, in accordance with the terms of the contract,  submit  to  the
 public  owner  and/or his agent a requisition for a progress payment for
 the work performed and/or materials furnished to the date of the  requi-
 sition  BY THE CONTRACTOR AND ALL SUBCONTRACTORS, less any amount previ-
 ously paid to the contractor OR SUBCONTRACTORS.  The public owner  shall
 in  accordance  with  the terms of the contract approve and promptly pay
 the requisition for the progress payment less  an  amount  necessary  to
 satisfy any claims, liens or judgments against the contractor OR SUBCON-
 TRACTORS  which  have not been suitably discharged and less any retained
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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