Legislation
SECTION 316-A
Prohibitions in contracts; violations
Executive (EXC) CHAPTER 18, ARTICLE 15-A
* § 316-a. Prohibitions in contracts; violations. Every contracting
agency shall include a provision in its state contracts expressly
providing that any contractor who willfully and intentionally fails to
comply with the minority and women-owned participation requirements of
this article as set forth in such state contract shall be liable to the
contracting agency for liquidated or other appropriate damages and shall
provide for other appropriate remedies on account of such breach. A
contracting agency that elects to proceed against a contractor for
breach of contract as provided in this section shall be precluded from
seeking enforcement pursuant to section three hundred sixteen of this
article; provided however, that the contracting agency shall include a
summary of all enforcement actions undertaken pursuant to this section
in its annual report submitted pursuant to subdivision three of section
three hundred fifteen of this article.
* NB Repealed July 1, 2025
agency shall include a provision in its state contracts expressly
providing that any contractor who willfully and intentionally fails to
comply with the minority and women-owned participation requirements of
this article as set forth in such state contract shall be liable to the
contracting agency for liquidated or other appropriate damages and shall
provide for other appropriate remedies on account of such breach. A
contracting agency that elects to proceed against a contractor for
breach of contract as provided in this section shall be precluded from
seeking enforcement pursuant to section three hundred sixteen of this
article; provided however, that the contracting agency shall include a
summary of all enforcement actions undertaken pursuant to this section
in its annual report submitted pursuant to subdivision three of section
three hundred fifteen of this article.
* NB Repealed July 1, 2025