§ 237. Statements showing amounts due for wages. 1. Subcontractors
engaged for service work by a contractor or its subcontractor shall,
upon receipt from the contractor or its subcontractor of the schedule of
wages and supplements specified in the contract, provide to the
contractor or its subcontractor a verified statement attesting that the
subcontractor has received and reviewed such schedule of wages and
supplements, 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 subdivision three of
this section. It shall be a violation of this article for any contractor
or its subcontractor to fail to provide for its subcontractor a copy of
the schedule of wages and supplements specified in the contract.

2. Before payment is made by or on behalf of a public agency of any
sums due on account of a contract for service work, it shall be the duty
of the comptroller of the state or the financial officer of such public
agency or other officer or person charged with the custody and
disbursement of the state or corporate funds applicable to the contract
under and pursuant to which payment is made, to require the contractor
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 service employees for
daily or weekly wages on account of labor performed upon the work under
the contract, setting forth therein the names of the persons whose wages
are unpaid and the amount due to or on behalf of each respectively,
which 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.

3. Before payment is made by or on behalf of a public agency of any
sums due on account of a contract for service work and representing the
final portion of twenty percent of the total consideration payable under
the contract, it shall be the duty of the comptroller of the state or
the financial officer of such public agency or other officer or person
charged with the custody and disbursement of the state or 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 setting forth the amounts known by the
contractor to be then due and owing from a subcontractor, or from a
subcontractor of such subcontractor, for such wages and supplements, or
certifying that the contractor has no knowledge of such amounts owing to
or on behalf of any service employees 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
thirty-nine-a of this article. Before final payment is made of any sums
due on account of such service work contract, the contractor shall be
required to file a supplemental statement setting forth any additional
amounts known by the contractor to be then due and owing by each
subcontractor for such wages or supplements, or that the contractor has
no knowledge of such amounts owing to or on behalf of any employee of
its subcontractors. Such statements so to be filed shall be verified by
the oath of the contractor that he or she has read such statements
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.

4. If any interested person shall have previously filed a protest in
writing objecting to the payment to any contractor or subcontractor to
the extent of the amount or amounts due or to become due to him for
daily or weekly wages for labor performed on the work for which such
contract was entered into, or if for any other reason it may be deemed
advisable, the comptroller of the state or the financial officer of the
public agency or other officer or person charged with the custody and
disbursement of the state or corporate funds applicable to the contract
for such work, may deduct from the whole amount of any payment on
account thereof the sum or sums admitted by any contractor or
subcontractor in such statement or statements as filed to be due and
owing by him or her on account of labor performed on such work before
making payment of the amount certified for payment in any estimate or
voucher, and may withhold the amount so deducted for the benefit of the
service employees whose wages are unpaid as shown by the verified
statements filed by any contractor or subcontractor, and may pay
directly to any person the amount or amounts shown by the statements
filed as hereinbefore required to be due to him or her or his or her
duly authorized collective bargaining labor organization receiving such
payment to the extent of the amount thereof.