Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 220-A
Statements showing amounts due for wages and supplements to be filed--Verification
Labor (LAB) CHAPTER 31, ARTICLE 8
§ 220-a. Statements showing amounts due for wages and supplements to
be filed--Verification. 1. Subcontractors engaged by a public
improvement contractor or its subcontractor shall upon receipt from the
public improvement contractor or its subcontractor of a copy of the
schedule of wages and supplements specified in the public improvement
contract, or of a subsequently issued schedule, provide to such
contractor or its subcontractor a verified statement attesting that the
subcontractor has received and reviewed such schedule of wages and
supplements, or subsequently issued schedule, and agrees that it will
pay the applicable prevailing wages and will pay or provide the
supplements specified therein. Such verified statement shall be filed in
the manner described in subdivisions two and four of this section. It
shall be a violation of this article for any contractor or its
subcontractor to fail to provide to its subcontractor a copy of the
schedule of wages and supplements specified in the contract as well as
any annually determined rate issued subsequent to the schedule specified
in the contract.

2. Before final payment is made by or on behalf of the state, county,
city, town, village or other civil division of the state for any sum or
sums due on account of a contract for a public improvement, it shall be
the duty of the comptroller of the state or the financial officer of the
municipal corporation or other officer or person charged with the
custody and disbursement of the corporate funds applicable to the
contract under and pursuant to which payment is made to require the
contractor to file every verified statement required to be obtained by
the contractor from its subcontractors pursuant to subdivision one of
this section and to file a statement in writing in form satisfactory to
such officer certifying to the amounts then due and owing from such
contractor filing such statement to or on behalf of any and all laborers
for daily or weekly wages or supplements on account of labor performed
upon the work under the contract, setting forth therein the names of the
persons whose wages or supplements are unpaid and the amount due to each
or on behalf of each respectively. Such statement shall also set forth
the amounts known by the contractor to be then due and owing from each
subcontractor, or from a subcontractor of such subcontractor, for wages
or supplements, or shall certify that the contractor has no knowledge of
such amounts owing to or on behalf of any laborers of its
subcontractors, and that in the event it is determined by the
commissioner that the wages or supplements or both of any employees of
such subcontractors have not been paid or provided pursuant to the
appropriate schedule of wages and supplements, the contractor shall be
responsible for payment of such wages or supplements pursuant to the
provisions of section two hundred twenty-three of this article. Such
statement so to be filed shall be verified by the oath of the contractor
that he or she has read such statement subscribed by him or her and
knows the contents thereof, and that the same is true of his or her own
knowledge except with respect to wages and supplements owing by
subcontractors which may be certified upon information and belief.