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Assembly Bill A5412A

2011-2012 Legislative Session

Authorizes contractors or subcontractors to postpone commencing work until proposed changes exceeding 10% of the original contract are approved by the public owner

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2011-A5412 - Details

See Senate Version of this Bill:
S3414
Current Committee:
Assembly Governmental Operations
Law Section:
State Finance Law
Laws Affected:
Amd §139-f, St Fin L; amd §106-b, Gen Muni L
Versions Introduced in 2013-2014 Legislative Session:
A2610, S2404

2011-A5412 - Summary

Authorizes contractors or subcontractors to postpone commencing work until proposed changes exceeding 10% of the original contract have been approved by the public owner.

2011-A5412 - Bill Text download pdf 

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

    S. 3414                                                  A. 5412

                       2011-2012 Regular Sessions

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

                            February 18, 2011
                               ___________

IN SENATE -- Introduced by Sen. KLEIN -- read twice and ordered printed,
  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. 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
COMMENCE  OR CONTINUE SUCH WORK UNTIL THE PROPOSED CHANGES OR AMENDMENTS
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. 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
COMMENCE  OR CONTINUE SUCH WORK UNTIL THE PROPOSED CHANGES OR AMENDMENTS
HAVE BEEN APPROVED BY THE PUBLIC OWNER.
  S 3. This act shall take effect immediately and  shall  apply  to  all
contracts executed on and after such date.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00003-01-1

co-Sponsors

multi-Sponsors

2011-A5412A (ACTIVE) - Details

See Senate Version of this Bill:
S3414
Current Committee:
Assembly Governmental Operations
Law Section:
State Finance Law
Laws Affected:
Amd §139-f, St Fin L; amd §106-b, Gen Muni L
Versions Introduced in 2013-2014 Legislative Session:
A2610, S2404

2011-A5412A (ACTIVE) - Summary

Authorizes contractors or subcontractors to postpone commencing work until proposed changes exceeding 10% of the original contract have been approved by the public owner.

2011-A5412A (ACTIVE) - Bill Text download pdf 

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

    S. 3414--A                                            A. 5412--A
    Cal. No. 852

                       2011-2012 Regular Sessions

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

                            February 18, 2011
                               ___________

IN SENATE -- Introduced by Sen. KLEIN -- read twice and ordered printed,
  and  when  printed  to  be  committed  to  the Committee on Finance --
  reported favorably from said committee, ordered to  first  and  second
  report,  ordered  to  a  third reading, amended and ordered reprinted,
  retaining its place in the order of third reading

IN ASSEMBLY -- Introduced by M. of A. CUSICK,  ROBINSON  --  Multi-Spon-
  sored  by  --  M.  of  A.  P. RIVERA  -- read once and referred to the
  Committee on Governmental Operations  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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. 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 IN THE CASE OF THE ORIGINAL CONTRACT OR SUBCONTRACT, OR  SUBCONTRAC-
TOR IN THE CASE OF THE SUBCONTRACT, SHALL NOT BE REQUIRED TO COMMENCE OR
CONTINUE  SUCH  WORK  UNTIL THE PROPOSED CHANGES OR AMENDMENTS 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. 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 IN THE CASE OF THE ORIGINAL CONTRACT OR SUBCONTRACT, OR  SUBCONTRAC-
TOR IN THE CASE OF THE SUBCONTRACT, SHALL NOT BE REQUIRED TO COMMENCE OR

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

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