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Assembly Bill A393

2009-2010 Legislative Session

Requires that a contractor or sub-contractor may not engage another person to do work on a public works project unless it is pursuant to a written agreement

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Archive: Last Bill Status - On Floor Calendar

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2009-A393 (ACTIVE) - Details

Law Section:
Labor Law
Laws Affected:
Amd ยง220, Lab L

2009-A393 (ACTIVE) - Summary

Requires that a contractor or sub-contractor may not engage another person to do work on a public works project unless it is pursuant to a written agreement.

2009-A393 (ACTIVE) - Bill Text download pdf 

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

                                   393

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M. of A. JOHN -- read once and referred to the Committee
  on Labor

AN ACT to amend the labor law, in relation to requiring a written agree-
  ment for any work sub-contracted out on a public works project

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

  Section  1.    Section 220 of the labor law is amended by adding a new
subdivision 4-a to read as follows:
  4-A. 1. NO CONTRACTOR OR SUB-CONTRACTOR CAN ENGAGE A SUB-CONTRACTOR OR
ANY PERSON TO PERFORM THE WHOLE  OR  ANY  PART  OF  A  PUBLIC  WORKS  OR
IMPROVEMENT SUB-CONTRACT EXCEPT PURSUANT TO A WRITTEN AGREEMENT.
  2.  THE  TERMS AND CONDITIONS OF SUCH AGREEMENT SHALL INCLUDE, BUT NOT
BE LIMITED TO:
  A. THE NAMES OF THE PARTIES;
  B. THE OFFICE ADDRESSES OF THE PARTIES, WHICH  SHALL  NOT  BE  A  POST
OFFICE BOX;
  C.  IF THE SUB-CONTRACTOR IS NOT A CORPORATION, THE NAMES OF THE INDI-
VIDUAL OWNERS OR PARTNERS AND THEIR HOME ADDRESSES;
  D. THE TAX IDENTIFICATION NUMBER OF THE SUB-CONTRACTOR;
  E. A DESCRIPTION OF THE GOODS, WORK OR SERVICES TO BE PROVIDED;
  F. THE WORK LOCATION OR SITE WHERE THE GOODS, WORK OR SERVICES ARE  TO
BE PROVIDED;
  G.  THE PROJECTED SCHEDULE FOR DELIVERY OF GOODS OR COMPLETION OF SUCH
WORK OR SERVICES;
  H. THE VALUE OF THE SUB-CONTRACT;
  I. THE PROJECTED NUMBER OF EMPLOYEES AND THEIR  WORK  CLASSIFICATIONS;
AND
  J.  AN  AGREEMENT TO ABIDE BY AND COMPLY WITH ALL APPLICABLE STATE AND
FEDERAL LABOR LAWS, INCLUDING PREVAILING WAGE LAWS AND POSTING  REQUIRE-
MENTS.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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