senate Bill S3414A

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 - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (17)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 18, 2012 referred to governmental operations
delivered to assembly
passed senate
Mar 22, 2012 advanced to third reading
Mar 21, 2012 2nd report cal.
Mar 20, 2012 1st report cal.386
Jan 04, 2012 referred to finance
returned to senate
died in assembly
Jun 13, 2011 referred to governmental operations
delivered to assembly
passed senate
Jun 06, 2011 amended on third reading 3414a
Jun 01, 2011 advanced to third reading
May 25, 2011 2nd report cal.
May 24, 2011 1st report cal.852
Feb 18, 2011 referred to finance

Votes

view votes

Mar 20, 2012 - Finance committee Vote

S3414A
24
7
committee
24
Aye
7
Nay
3
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Finance committee vote details

May 24, 2011 - Finance committee Vote

S3414
23
6
committee
23
Aye
6
Nay
6
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

S3414 - Bill Details

See Assembly Version of this Bill:
A5412A
Current Committee:
Law Section:
State Finance Law
Laws Affected:
Amd §139-f, St Fin L; amd §106-b, Gen Muni L

S3414 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S3414

TITLE OF BILL:
An act
to amend the state finance law and the general municipal law, in
relation to contract change orders

PURPOSE OR GENERAL IDEA OF BILL:
This bill adds a new subdivision 5
to section 139-f of the state finance law and a new subsection 4 to
section 106-b of the general municipal law to provide that when
unapproved change orders exceed 10% of the original contract, the
contractor or subcontractor shall not be required to proceed with
such change order work until it is approved by the owner.

SUMMARY OF SPECIFIC PROVISIONS:
A new subdivision 5 of Section 139-f
of the state finance law provides if at any time during the
construction period, the total cost of all unapproved change orders,
change directives and contract amendments exceed ten (10%) 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 amendments have
been approved by the public owner.

A new subdivision 4 of the general municipal law provides if at any
time during the construction period, the total cost of all unapproved
change orders, change directives and contract amendments exceed ten
(10%) 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
amendments have been approved by the public owner.

JUSTIFICATION:
Contractors who are compelled to continue work on
change orders while other change orders completer or being worked on
have yet to be approved are placed at a disadvantage and risk of
no-payment. This bill addresses this issue.

The State of Connecticut enacted similar legislation in 2009.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately and shall apply
to all contracts executed on and after the date of this act.

view full 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

S3414A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A5412A
Current Committee:
Law Section:
State Finance Law
Laws Affected:
Amd §139-f, St Fin L; amd §106-b, Gen Muni L

S3414A (ACTIVE) - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S3414A

TITLE OF BILL:
An act
to amend the state finance law and the general municipal law, in
relation to contract change orders

PURPOSE OR GENERAL IDEA OF BILL:
This bill adds a new subdivision 5 to
section 139-f of the state finance law and a new subsection 4 to
section 106-b of the general municipal law to provide that when
unapproved change orders exceed 10% of the original contract, the
contractor or subcontractor shall not be required to proceed with
such change order work until it is approved by the owner.

SUMMARY OF SPECIFIC PROVISIONS:
A new subdivision 5 of Section 139-f
of the state finance law provides if at any time during the
construction period, the total cost of all unapproved change orders,
change directives and contract amendments exceed ten (10%) 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 amendments have
been approved by the public owner.

A new subdivision 4 of the general municipal law provides if at any
time during the construction period, the total cost of all unapproved
change orders, change directives and contract amendments exceed ten
(10%) 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
amendments have been approved by the public owner.

JUSTIFICATION:
Contractors who are compelled to continue work on
change orders while other change orders completed or being worked on
have yet to be approved are placed at a disadvantage and risk of
no-payment. This bill addresses this issue.

The State of Connecticut enacted similar legislation in 2009.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately and shall apply
to all contracts executed on and after the date of this act.

view full 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.
                                                           LBD00003-02-1

S. 3414--A                          2                         A. 5412--A

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.

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