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Assembly Bill A7255

2009-2010 Legislative Session

Requires public contracts to include a clause authorizing contractors to recover damages for delay for itself as well as on behalf of subcontractors or materialmen

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2009-A7255 - Details

Current Committee:
Assembly Governmental Operations
Laws Affected:
Add §138-b, St Fin L
Versions Introduced in Other Legislative Sessions:
2011-2012: A4699
2013-2014: A2224
2015-2016: A6151
2017-2018: A7945
2019-2020: A2040

2009-A7255 - Summary

Requires public contracts to include clauses authorizing contractors to recover damages for delay which are caused by acts or omissions by the public owner, as otherwise permitted by law, and requires the contractor, when submitting a claim, to certify that the supporting data is accurate to the best of his or her knowledge and the amount of the claim he or she believes to be the public owner's liability.

2009-A7255 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7255

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2009
                               ___________

Introduced by M. of A. V. LOPEZ -- read once and referred to the Commit-
  tee on Governmental Operations

AN  ACT to amend the state finance law, in relation to damages for delay
  clauses in public contracts

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  state finance law is amended by adding a new section
138-b to read as follows:
  S 138-B. DAMAGES FOR DELAY IN PUBLIC CONTRACTS.   1.    ALL  CONTRACTS
MADE  AND  AWARDED  BY  THE  STATE, ANY STATE AGENCY, PUBLIC DEPARTMENT,
MUNICIPAL CORPORATION, PUBLIC BENEFIT CORPORATION, SCHOOL DISTRICT OR  A
COMMISSION  APPOINTED  PURSUANT  TO LAW (HEREINAFTER REFERRED TO IN THIS
SECTION AS A "PUBLIC OWNER") FOR DESIGN,  CONSTRUCTION,  RECONSTRUCTION,
DEMOLITION,  ALTERATION, REPAIR OR IMPROVEMENT OF ANY PUBLIC WORKS SHALL
CONTAIN A CLAUSE WHICH ALLOWS A CONTRACTOR TO MAKE CLAIM FOR  ADDITIONAL
COSTS FROM CAUSES LISTED BELOW, ATTRIBUTABLE TO DELAY IN THE PERFORMANCE
OF THIS CONTRACT, OCCASIONED BY ANY ACT OR OMISSION TO ACT BY THE PUBLIC
OWNER OR ANY OF ITS REPRESENTATIVES.
  (A)  THE  FAILURE  OF  THE PUBLIC OWNER TO TAKE REASONABLE MEASURES TO
COORDINATE AND PROGRESS THE WORK.
  (B) EXTENDED DELAYS ATTRIBUTABLE TO THE PUBLIC OWNER IN THE REVIEW  OR
ISSUANCE  OF ORDERS-ON-CONTRACT OR FIELD ORDERS, IN SHOP DRAWING REVIEWS
OR APPROVALS OR AS A RESULT OF THE CUMULATIVE IMPACT OF MULTIPLE  ORDERS
ON  CONTRACT,  WHICH CONSTITUTE A QUALITATIVE CHANGE TO THE PROJECT WORK
AND WHICH HAVE A VERIFIABLE IMPACT ON PROJECT COSTS.
  (C) THE UNAVAILABILITY OF THE SITE FOR SUCH AN EXTENDED PERIOD OF TIME
WHICH SIGNIFICANTLY AFFECTS THE SCHEDULED COMPLETION OF THE CONTRACT.
  (D) THE ISSUANCE BY THE PUBLIC OWNER OF A STOP WORK ORDER RELATIVE  TO
A SUBSTANTIAL PORTION OF WORK FOR A PERIOD EXCEEDING THIRTY DAYS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10394-01-9

A. 7255                             2

2009-A7255A - Details

Current Committee:
Assembly Governmental Operations
Laws Affected:
Add §138-b, St Fin L
Versions Introduced in Other Legislative Sessions:
2011-2012: A4699
2013-2014: A2224
2015-2016: A6151
2017-2018: A7945
2019-2020: A2040

2009-A7255A - Summary

Requires public contracts to include clauses authorizing contractors to recover damages for delay which are caused by acts or omissions by the public owner, as otherwise permitted by law, and requires the contractor, when submitting a claim, to certify that the supporting data is accurate to the best of his or her knowledge and the amount of the claim he or she believes to be the public owner's liability.

2009-A7255A - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7255--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2009
                               ___________

Introduced by M. of A. V. LOPEZ -- read once and referred to the Commit-
  tee  on Governmental Operations -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the state finance law, in relation to damages for  delay
  clauses in public contracts

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The state finance law is amended by adding  a  new  section
138-b to read as follows:
  S  138-B.  DAMAGES  FOR  DELAY IN PUBLIC CONTRACTS.  1.  ALL CONTRACTS
MADE AND AWARDED BY THE STATE,  ANY  STATE  AGENCY,  PUBLIC  DEPARTMENT,
MUNICIPAL  CORPORATION,  PUBLIC  AUTHORITY,  PUBLIC BENEFIT CORPORATION,
SCHOOL DISTRICT OR A COMMISSION APPOINTED PURSUANT TO  LAW  (HEREINAFTER
REFERRED   TO   IN  THIS  SECTION  AS  A  "PUBLIC  OWNER")  FOR  DESIGN,
CONSTRUCTION, RECONSTRUCTION, DEMOLITION, ALTERATION, REPAIR OR IMPROVE-
MENT OF ANY PUBLIC WORKS SHALL CONTAIN A CLAUSE WHICH ALLOWS A  CONTRAC-
TOR TO MAKE CLAIM FOR ALL ADDITIONAL COSTS FROM THE CAUSES LISTED BELOW,
ATTRIBUTABLE TO DELAY IN THE PERFORMANCE OF THIS CONTRACT, OCCASIONED BY
ANY  ACT  OR OMISSION TO ACT BY THE PUBLIC OWNER OR ANY OF ITS REPRESEN-
TATIVES.
  (A) THE FAILURE OF THE PUBLIC OWNER TO  TAKE  REASONABLE  MEASURES  TO
COORDINATE AND PROGRESS THE PROJECT WORK.
  (B)  EXTENDED DELAYS ATTRIBUTABLE TO THE PUBLIC OWNER IN THE REVIEW OR
ISSUANCE OF CHANGE ORDERS OR FIELD ORDERS, IN SHOP  DRAWING  REVIEWS  OR
APPROVALS  OR  AS  A  RESULT  OF  THE CUMULATIVE IMPACT OF INDIVIDUAL OR
MULTIPLE CHANGE ORDERS, WHICH CONSTITUTE A  QUALITATIVE  CHANGE  TO  THE
PROJECT WORK AND WHICH HAVE A VERIFIABLE IMPACT ON PROJECT COSTS.
  (C) THE UNAVAILABILITY OF THE SITE FOR SUCH AN EXTENDED PERIOD OF TIME
WHICH SIGNIFICANTLY AFFECTS THE SCHEDULED COMPLETION OF THE CONTRACT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10394-02-9

A. 7255--A                          2

2009-A7255B (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Laws Affected:
Add §138-b, St Fin L
Versions Introduced in Other Legislative Sessions:
2011-2012: A4699
2013-2014: A2224
2015-2016: A6151
2017-2018: A7945
2019-2020: A2040

2009-A7255B (ACTIVE) - Summary

Requires public contracts to include clauses authorizing contractors to recover damages for delay which are caused by acts or omissions by the public owner, as otherwise permitted by law, and requires the contractor, when submitting a claim, to certify that the supporting data is accurate to the best of his or her knowledge and the amount of the claim he or she believes to be the public owner's liability.

2009-A7255B (ACTIVE) - Sponsor Memo

2009-A7255B (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7255--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2009
                               ___________

Introduced by M. of A. V. LOPEZ -- read once and referred to the Commit-
  tee  on Governmental Operations -- committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  again  reported from said committee with amendments, ordered reprinted
  as amended and recommitted to said committee

AN ACT to amend the state finance law, in relation to damages for  delay
  clauses in public contracts

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The state finance law is amended by adding  a  new  section
138-b to read as follows:
  S  138-B.  DAMAGES  FOR  DELAY IN PUBLIC CONTRACTS.  1.  ALL CONTRACTS
MADE AND AWARDED BY THE STATE,  ANY  STATE  AGENCY,  PUBLIC  DEPARTMENT,
MUNICIPAL  CORPORATION,  PUBLIC  AUTHORITY,  PUBLIC BENEFIT CORPORATION,
SCHOOL DISTRICT OR A COMMISSION APPOINTED PURSUANT TO  LAW  (HEREINAFTER
REFERRED   TO   IN  THIS  SECTION  AS  A  "PUBLIC  OWNER")  FOR  DESIGN,
CONSTRUCTION, RECONSTRUCTION, DEMOLITION, ALTERATION, REPAIR OR IMPROVE-
MENT OF ANY PUBLIC WORKS SHALL CONTAIN A CLAUSE WHICH ALLOWS A  CONTRAC-
TOR TO MAKE CLAIM FOR ALL ADDITIONAL COSTS FROM THE CAUSES LISTED BELOW,
ATTRIBUTABLE TO DELAY IN THE PERFORMANCE OF THIS CONTRACT, OCCASIONED BY
ANY  ACT  OR OMISSION TO ACT BY THE PUBLIC OWNER OR ANY OF ITS REPRESEN-
TATIVES.
  (A) THE FAILURE OF THE PUBLIC OWNER TO  TAKE  REASONABLE  MEASURES  TO
COORDINATE AND PROGRESS THE PROJECT WORK.
  (B)  EXTENDED DELAYS ATTRIBUTABLE TO THE PUBLIC OWNER IN THE REVIEW OR
ISSUANCE OF CHANGE ORDERS OR FIELD ORDERS, IN SHOP  DRAWING  REVIEWS  OR
APPROVALS  OR  AS  A  RESULT  OF  THE CUMULATIVE IMPACT OF INDIVIDUAL OR
MULTIPLE CHANGE ORDERS, WHICH CONSTITUTE A  QUALITATIVE  CHANGE  TO  THE
PROJECT  WORK AND WHICH HAVE A VERIFIABLE AND MATERIAL IMPACT ON PROJECT
COSTS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10394-05-9

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