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Senate Bill S4671

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 Senate Committee Finance Committee

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2009-S4671 (ACTIVE) - Details

Current Committee:
Senate Finance
Law Section:
State Finance Law
Laws Affected:
Add ยง138-b, St Fin L
Versions Introduced in Other Legislative Sessions:
2011-2012: S2465
2013-2014: S977

2009-S4671 (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-S4671 (ACTIVE) - Sponsor Memo

2009-S4671 (ACTIVE) - Bill Text download pdf 

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

                                  4671

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  LIBOUS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

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

S. 4671                             2

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