Assembly Bill A9873

2009-2010 Legislative Session

Relates to contract change orders

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Sponsored By

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

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2009-A9873 (ACTIVE) - Details

See Senate Version of this Bill:
S6787
Current Committee:
Assembly Governmental Operations
Law Section:
State Finance Law
Laws Affected:
Amd §139-f, St Fin L; amd §106-b, Gen Muni L

2009-A9873 (ACTIVE) - Summary

Provides that any contract change orders on a public work contract which exceeds the original contract or subcontract price shall be considered a new and separate project.

2009-A9873 (ACTIVE) - Sponsor Memo

2009-A9873 (ACTIVE) - Bill Text download pdf 

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

    S. 6787                                                  A. 9873

                      S E N A T E - A S S E M B L Y

                            February 5, 2010
                               ___________

IN SENATE -- Introduced by Sen. BRESLIN -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Finance

IN  ASSEMBLY  -- Introduced by M. of A. CUSICK -- read once and referred
  to the Committee on Governmental Operations

AN ACT to amend the state finance law and the general municipal law,  in
  relation to contract change orders

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

  Section 1. Section 139-f of the state finance law is amended by adding
a new subdivision 5 to read as follows:
  5. (A) IF AT ANY TIME DURING THE CONSTRUCTION PERIOD, THE  TOTAL  COST
OF  ALL  CHANGE  ORDERS, CHANGE DIRECTIVES AND CONTRACT AMENDMENTS SHALL
EXCEED THE ORIGINAL CONTRACT OR SUBCONTRACT PRICE, SUCH  EXCESS  PROJECT
WORK  SHALL  BE  CONSIDERED  A  NEW AND SEPARATE PROJECT SUBJECT TO THIS
ARTICLE.
  (B) IF AT ANY TIME DURING THE CONSTRUCTION PERIOD, THE TOTAL  COST  OF
ALL  UNAPPROVED CHANGE ORDERS, CHANGE DIRECTIVES AND CONTRACT AMENDMENTS
EXCEEDS TEN  PERCENT  OF  THE  ORIGINAL  CONTRACT  OR  SUBCONTRACT,  THE
CONTRACTOR  OR  SUBCONTRACTOR, AS THE CASE MAY BE, SHALL NOT BE REQUIRED
TO COMMENCE OR CONTINUE SUCH WORK UNTIL THE PROPOSED CHANGES  OR  AMEND-
MENTS HAVE BEEN APPROVED BY THE PUBLIC OWNER.
  S 2. Section 106-b of the general municipal law is amended by adding a
new subdivision 4 to read as follows:
  4.  (A)  IF AT ANY TIME DURING THE CONSTRUCTION PERIOD, THE TOTAL COST
OF ALL CHANGE ORDERS, CHANGE DIRECTIVES AND  CONTRACT  AMENDMENTS  SHALL
EXCEED  THE  ORIGINAL CONTRACT OR SUBCONTRACT PRICE, SUCH EXCESS PROJECT
WORK SHALL BE CONSIDERED A NEW AND  SEPARATE  PROJECT  SUBJECT  TO  THIS
ARTICLE.
  (B)  IF  AT ANY TIME DURING THE CONSTRUCTION PERIOD, THE TOTAL COST OF
ALL UNAPPROVED CHANGE ORDERS, CHANGE DIRECTIVES AND CONTRACT  AMENDMENTS
EXCEED TEN PERCENT OF THE ORIGINAL CONTRACT OR SUBCONTRACT, THE CONTRAC-
TOR  OR  SUBCONTRACTOR,  AS  THE  CASE  MAY BE, SHALL NOT BE REQUIRED TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15251-02-0

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