|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 21, 2012||
committed to rules
|Mar 22, 2012||
advanced to third reading
|Mar 21, 2012||
2nd report cal.
|Mar 20, 2012||
1st report cal.384
|Jan 04, 2012||
referred to finance
returned to senate
died in assembly
|Jun 13, 2011||
referred to governmental operations
delivered to assembly
|May 18, 2011||
advanced to third reading
|May 17, 2011||
2nd report cal.
|May 16, 2011||
1st report cal.659
|Jan 21, 2011||
referred to finance
senate Bill S2465
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
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
view actions (14)
Mar 20, 2012 - Finance committee VoteS2465227committee22Aye7Nay5Aye with Reservations0Absent1Excused0Abstained
Jun 13, 2011 - floor VoteS2465566floor56Aye6Nay0Absent0Excused0Abstained
show floor vote details
Floor Vote: Jun 13, 2011aye (56)
May 16, 2011 - Finance committee VoteS2465214committee21Aye4Nay9Aye with Reservations0Absent1Excused0Abstained
- show floor vote details
S2465 - Bill Details
S2465 - Bill Texts
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.
view sponsor memo
TITLE OF BILL:
to amend the state finance law, in relation to damages for delay clauses
in public contracts
Requires all public contracts to include a clause authorizing
contractors to recover damages for delay
SUMMARY OF PROVISIONS:
Section 1 of this bill amends the State Finance Law by adding a new
section 138-b which would provide that all public works contracts
include provisions that a contractor, subcontractor, or materialman
may seek recovery for unanticipated costs due to inexcusable delays
which are the result of actions or omissions by a public contractor.
The act or omission must be within the scope of their responsibility
Current case law in New York State follows KALISCH-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 delay.
Several public agencies (NYS OGS, DOT and the MTA) have already
recognized the unfairness of this restriction and have provided in
their public contracts for a more equitable allowance for damages for
delays resulting from public agency action.
In 1998, the Governor vetoed S.6711-B, a proposal to achieve the same
relief sought by this legislation. In his veto message (see Veto
Message 1404), the Governor stated that he was sympathetic to the
concept and that the policies of NYS OGS and DOT were already
directed to address the needs sought here.
This bill addresses the issues raised by the Governor and clarifies
liability for damages where actions or omissions of a public agency
are directly associated with the damages incurred by a covered
2010: Referred to Finance
2007: Passed Senate
2006: Passed Senate
2005: Passed Senate
2003: Finance 1998: (Veto 1404)
180 days after enactment.
view full text
S T A T E O F N E W Y O R K ________________________________________________________________________ 2465 2011-2012 Regular Sessions I N S E N A T E January 21, 2011 ___________ 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. LBD07298-01-1 S. 2465 2 2. WHEN SUBMITTING ANY SUCH CLAIM AGAINST THE PUBLIC OWNER, THE CONTRACTOR, FOR ITSELF AND/OR ON BEHALF OF ANY CLAIMING SUBCONTRACTOR OR MATERIALMAN, SHALL CERTIFY IN WRITING AND UNDER OATH: (A) THAT THE SUPPORTING DATA IS ACCURATE AND COMPLETE TO THE CONTRAC- TOR'S BEST KNOWLEDGE OR BELIEF, AND THAT OF ANY CLAIMING SUBCONTRACTOR OR MATERIALMAN; AND (B) THAT THE AMOUNT OF THE CLAIM ITSELF REFLECTS WHAT THE CONTRACTOR, SUBCONTRACTOR AND/OR MATERIALMAN IN GOOD FAITH BELIEVE TO BE THE PUBLIC OWNER'S LIABILITY. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.
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