Assembly Bill A6985B

2021-2022 Legislative Session

Relates to payment and retainage in construction contracts

download bill text pdf

Sponsored By

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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Actions

Bill Amendments

co-Sponsors

2021-A6985 - Details

See Senate Version of this Bill:
S5482
Current Committee:
Assembly Economic Development
Law Section:
General Business Law
Laws Affected:
Amd §§756-a & 756-c, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: A10446
2017-2018: A9637, S8848
2019-2020: A3558, S981
2023-2024: A4167, S3539

2021-A6985 - Summary

Relates to payment and retainage in construction contracts; authorizes contractors to invoice owners upon substantial completion of a project.

2021-A6985 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6985
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 19, 2021
                                ___________
 
 Introduced  by  M. of A. CUSICK, STIRPE -- read once and referred to the
   Committee on Economic Development
 
 AN ACT to amend the general business law, in  relation  to  payment  and
   retainage in construction contracts
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 756 of the  general  business  law  is  amended  by
 adding a new subdivision 7 to read as follows:
   7.  "SUBSTANTIAL  COMPLETION"  MEANS  THE STATE IN THE PROGRESS OF THE
 PROJECT WHEN THE WORK REQUIRED BY THE  CONSTRUCTION  CONTRACT  WITH  THE
 PROJECT   OWNER   IS   SUFFICIENTLY  COMPLETE  IN  ACCORDANCE  WITH  THE
 CONSTRUCTION CONTRACT SO THAT THE PROJECT OWNER MAY  OCCUPY  OR  UTILIZE
 THE  WORK  FOR  ITS  INTENDED  USE;  PROVIDED FURTHER, THAT "SUBSTANTIAL
 COMPLETION" SHALL APPLY TO THE ENTIRE PROJECT OR A PORTION OF THE ENTIRE
 PROJECT IF THE CONSTRUCTION CONTRACT WITH THE PROJECT OWNER PROVIDES FOR
 OCCUPANCY OR USE OF A PORTION OF THE PROJECT.
   § 2. The opening paragraph  of  paragraph  (a)  of  subdivision  2  of
 section  756-a of the general business law, as amended by chapter 417 of
 the laws of 2009, is amended to read as follows:
   A contractor shall be  entitled  to  invoice  the  owner  for  interim
 payments at the end of the billing cycle. A contractor shall be entitled
 to  submit  a final invoice for payment in full [upon the performance of
 all the  contractor's  obligation  under  the  contract]  UPON  REACHING
 SUBSTANTIAL COMPLETION UNDER THE CONSTRUCTION CONTRACT.
   §  3.  Section  756-c of the general business law, as added by chapter
 127 of the laws of 2002, is amended to read as follows:
   § 756-c. Retention. By mutual agreement of  the  relevant  parties  an
 owner  may  retain [a reasonable amount] NO MORE THAN FIVE PER CENTUM of
 the contract sum as retainage. A contractor or  subcontractor  may  also
 retain  [a reasonable amount] NO MORE THAN FIVE PER CENTUM for retainage
 [so long as the amount does not] AND IN NO CASE SHALL  RETAINAGE  exceed
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2021-A6985A - Details

See Senate Version of this Bill:
S5482
Current Committee:
Assembly Economic Development
Law Section:
General Business Law
Laws Affected:
Amd §§756-a & 756-c, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: A10446
2017-2018: A9637, S8848
2019-2020: A3558, S981
2023-2024: A4167, S3539

2021-A6985A - Summary

Relates to payment and retainage in construction contracts; authorizes contractors to invoice owners upon substantial completion of a project.

2021-A6985A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6985--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 19, 2021
                                ___________
 
 Introduced  by  M. of A. CUSICK, STIRPE -- read once and referred to the
   Committee  on  Economic  Development  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the general business law, in  relation  to  payment  and
   retainage in construction contracts

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of paragraph (a) of subdivision 2  of
 section  756-a of the general business law, as amended by chapter 417 of
 the laws of 2009, is amended to read as follows:
   A contractor shall be  entitled  to  invoice  the  owner  for  interim
 payments at the end of the billing cycle. A contractor shall be entitled
 to  submit  a final invoice for payment in full [upon the performance of
 all the  contractor's  obligation  under  the  contract]  UPON  REACHING
 SUBSTANTIAL COMPLETION, AS SUCH TERM IS DEFINED IN THE CONTRACT OR AS IT
 IS CONTEMPLATED BY THE TERMS OF THE CONTRACT.
   §  2.  Section  756-c of the general business law, as added by chapter
 127 of the laws of 2002, is amended to read as follows:
   § 756-c. Retention. By mutual agreement of  the  relevant  parties  an
 owner  may  retain [a reasonable amount] NO MORE THAN FIVE PER CENTUM of
 the contract sum as retainage. A contractor or  subcontractor  may  also
 retain  [a reasonable amount] NO MORE THAN FIVE PER CENTUM for retainage
 [so long as the amount does not] AND IN NO CASE SHALL  RETAINAGE  exceed
 the actual percentage retained by the owner. Retainage shall be released
 by  the  owner  to the contractor no later than [thirty] FORTY-FIVE days
 after the final approval of the work under a construction  contract.  In
 the  event  that an owner fails to release retainage as required by this
 article, or the contractor or subcontractor fails to release  a  propor-
 tionate  amount  of  retainage  to the relevant parties after receipt of
 retainage from the owner, the owner, contractor,  or  subcontractor,  as
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2021-A6985B (ACTIVE) - Details

See Senate Version of this Bill:
S5482
Current Committee:
Assembly Economic Development
Law Section:
General Business Law
Laws Affected:
Amd §§756-a & 756-c, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: A10446
2017-2018: A9637, S8848
2019-2020: A3558, S981
2023-2024: A4167, S3539

2021-A6985B (ACTIVE) - Summary

Relates to payment and retainage in construction contracts; authorizes contractors to invoice owners upon substantial completion of a project.

2021-A6985B (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6985--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 19, 2021
                                ___________
 
 Introduced  by  M.  of  A.  CUSICK,  STIRPE,  ZINERMAN  -- read once and
   referred  to  the  Committee  on  Economic  Development  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  committee  discharged,  bill amended, ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the general business law, in  relation  to  payment  and
   retainage in construction contracts
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of paragraph (a) of subdivision 2  of
 section  756-a of the general business law, as amended by chapter 417 of
 the laws of 2009, is amended to read as follows:
   A contractor shall be  entitled  to  invoice  the  owner  for  interim
 payments at the end of the billing cycle. A contractor shall be entitled
 to  submit  a final invoice for payment in full [upon the performance of
 all the  contractor's  obligation  under  the  contract]  UPON  REACHING
 SUBSTANTIAL COMPLETION, AS SUCH TERM IS DEFINED IN THE CONTRACT OR AS IT
 IS CONTEMPLATED BY THE TERMS OF THE CONTRACT.
   §  2.  Section  756-c of the general business law, as added by chapter
 127 of the laws of 2002, is amended to read as follows:
   § 756-c. Retention. By mutual agreement of  the  relevant  parties  an
 owner  may  retain [a reasonable amount] NO MORE THAN FIVE PER CENTUM of
 the contract sum as retainage. A contractor or  subcontractor  may  also
 retain  [a reasonable amount] NO MORE THAN FIVE PER CENTUM for retainage
 [so long as the amount does not] AND IN NO CASE SHALL  RETAINAGE  exceed
 the actual percentage retained by the owner. Retainage shall be released
 by the owner to the contractor no later than thirty days after the final
 approval of the work under a construction contract. In the event that an
 owner  fails  to  release  retainage as required by this article, or the
 contractor or subcontractor fails to release a proportionate  amount  of
 retainage  to  the  relevant parties after receipt of retainage from the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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