|
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| Jan 06, 2010 |
referred to governmental operations |
| Jun 10, 2009 |
print number 7255b |
| Jun 10, 2009 |
amend and recommit to governmental operations |
| May 04, 2009 |
print number 7255a |
| May 04, 2009 |
amend and recommit to governmental operations |
| Mar 26, 2009 |
referred to governmental operations |
Assembly Bill A7255
2009-2010 Legislative Session
Sponsored By
LOPEZ V
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
2009-A7255 - Details
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
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
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
BILL NUMBER:A7255B
TITLE OF BILL: An act to amend the state finance law, in relation to
damages for delay clauses in public contracts
PURPOSE OR GENERAL IDEA OF BILL: Requires all public contracts to
include a clause authorizing contractors to recover damages for delay.
SUMMARY OF SPECIFIC PROVISIONS: Section 1: Adds State Finance Law
Section 138-b to provide that all public works contracts include a
provision that a contractor, subcontractor, or materialman may seek
recovery for unanticipated costs due to inexcusable delays which are the
result of actions or omissions caused by the local government or public
entity (public owner) that retained such contractor, subcontractor or
materialman. The act or omission must be within the scope of responsi-
bility or control of such public owner.
JUSTIFICATION:Case law in New York State follows Kalish-Jarcho, Inc. v.
City of New York (578 NY 2nd 377), which allows a contractor to recover
damages for such delay caused by an owner only where the owner acted in
bad faith and with deliberate intent. In fact, the burden of proof to
establish bad faith and deliberate intent makes it unlikely that
contractors would be able to recover damages for unreasonable delays
caused by such public owner. Several public agencies (NYS Office of
General Services (OGS), Department of Transportation (DOT), and the
Metropolitan Transportation Authority (MTA)) have already recognized the
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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