senate Bill S7187B

Signed By Governor
2011-2012 Legislative Session

Confers authority on the state comptroller to verify and pay the claim of A. Servidone, Inc./B. Anthony Construction Corp., J.V. against the state of New York

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Sponsored By

Archive: Last Bill Status - Signed by Governor


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

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Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 23, 2012 signed chap.266
Jul 20, 2012 delivered to governor
Jun 14, 2012 returned to senate
passed assembly
ordered to third reading rules cal.226
substituted for a9944a
Jun 13, 2012 referred to ways and means
delivered to assembly
passed senate
ordered to third reading cal.1246
committee discharged and committed to rules
Jun 07, 2012 print number 7187b
Jun 07, 2012 amend and recommit to finance
May 11, 2012 print number 7187a
amend (t) and recommit to finance
May 01, 2012 referred to finance

Co-Sponsors

S7187 - Details

See Assembly Version of this Bill:
A9944A
Law Section:
Comptroller

S7187 - Summary

Confers authority on the state comptroller to verify and pay the claim of A. Servidone, Inc./B. Anthony Construction Corp., J.V. against the state of New York with respect to construction of a project known as the reconstruction and bridge replacement on Route 17 at Exit 122 in the Town of Wallkill, Orange County, New York.

S7187 - Sponsor Memo

S7187 - Bill Text download pdf

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

                                  7187

                            I N  S E N A T E

                               May 1, 2012
                               ___________

Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to confer authority on the state comptroller to  verify  and  pay
  the  claim  of  A. Servidone, Inc./B. Anthony Construction Corp., J.V.
  against the state of New  York  with  respect  to  construction  of  a
  project known as the reconstruction and bridge replacement on Route 17
  at Exit 122 in the Town of Wallkill, Orange County, New York

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

  Section 1. The legislature finds that A. Servidone, Inc./B.    Anthony
Construction Corp., J.V. was engaged and authorized by the state, acting
by  and  through  the New York State Department of Transportation, on or
about October 6, 2011, to perform a construction project  known  as  the
reconstruction  and  bridge  replacement  on Route 17 at Exit 122 in the
Town of Wallkill, Orange County, New York (NYSDOT Contract No. D261655),
and having commenced performance and making  substantial  progress,  the
contractor  is  threatened  by financial loss, by reason of the Decision
and Order issued by the Supreme Court dated March 1, 2012 in  which  the
construction  contract  was found to be a nullity. A. Servidone, Inc./B.
Anthony Construction Corp., J.V. made  purchases  and  executed  subcon-
tracts  and purchase orders in furtherance of the project. It is further
found that  A.  Servidone,  Inc./B.  Anthony  Construction  Corp.,  J.V.
undertook  and  executed  the  aforesaid  work in good faith and without
wrongful intent and that by virtue of the benefits received by the state
and  the  consideration  rendered  by  A.  Servidone,  Inc./B.   Anthony
Construction  Corp.,  J.V. through its performance of such work, a clear
moral obligation has arisen on the part of the state to  compensate  and
pay  damages  for  the  loss  sustained by A. Servidone, Inc./B. Anthony
Construction Corp., J.V. on account of the work performed and  the  work
that  it was not able to perform by virtue of the Decision and Order, in
the manner set forth in this act.  In  this  connection,  A.  Servidone,
Inc./B.  Anthony Construction Corp., J.V. submitted a verified statement
of claim in the sum $22,323,588.00.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15391-01-2

Co-Sponsors

S7187A - Details

See Assembly Version of this Bill:
A9944A
Law Section:
Comptroller

S7187A - Summary

Confers authority on the state comptroller to verify and pay the claim of A. Servidone, Inc./B. Anthony Construction Corp., J.V. against the state of New York with respect to construction of a project known as the reconstruction and bridge replacement on Route 17 at Exit 122 in the Town of Wallkill, Orange County, New York.

S7187A - Sponsor Memo

S7187A - Bill Text download pdf

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

                                 7187--A

                            I N  S E N A T E

                               May 1, 2012
                               ___________

Introduced  by  Sens. BONACIC, LARKIN -- read twice and ordered printed,
  and when printed to be  committed  to  the  Committee  on  Finance  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT authorizing payment to A. Servidone, Inc./B. Anthony Construction
  Corp., J.V.  with respect to construction of a project  known  as  the
  reconstruction  and  bridge replacement on Route 17 at Exit 122 in the
  Town of Wallkill, Orange County, New York

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

  Section  1.  The legislature finds that A. Servidone, Inc./B.  Anthony
Construction Corp., J.V. was engaged and authorized by the state, acting
by and through the New York State Department of  Transportation,  on  or
about  October  6,  2011, to perform a construction project known as the
reconstruction and bridge replacement on Route 17 at  Exit  122  in  the
Town of Wallkill, Orange County, New York (NYSDOT Contract No. D261655),
and  having  commenced  performance and making substantial progress, the
contractor is threatened by financial loss, by reason  of  the  Decision
and  Order  issued by the Supreme Court dated March 1, 2012 in which the
construction contract was found to be a nullity. A.  Servidone,  Inc./B.
Anthony  Construction  Corp.,  J.V.  made purchases and executed subcon-
tracts and purchase orders in furtherance of the project. It is  further
found  that  A.  Servidone,  Inc./B.  Anthony  Construction  Corp., J.V.
undertook and executed the aforesaid work  in  good  faith  and  without
wrongful intent and that by virtue of the benefits received by the state
and   the  consideration  rendered  by  A.  Servidone,  Inc./B.  Anthony
Construction Corp., J.V. through its performance of such work,  a  clear
moral  obligation  has arisen on the part of the state to compensate and
pay damages for the loss sustained  by  A.  Servidone,  Inc./B.  Anthony
Construction  Corp.,  J.V. on account of the work performed and the work
that it was not able to perform by virtue of the Decision and Order,  in
the  manner  set  forth  in  this act. In this connection, A. Servidone,
Inc./B. Anthony Construction Corp., J.V. submitted a verified  statement
of claim in the sum $22,323,588.00.
  S  2.  Notwithstanding  any other provision of law, upon submission of
claims certified by A. Servidone, Inc./B.  Anthony  Construction  Corp.,
J.V.  and approved by the Department of Transportation, the Comptroller,

Co-Sponsors

S7187B (ACTIVE) - Details

See Assembly Version of this Bill:
A9944A
Law Section:
Comptroller

S7187B (ACTIVE) - Summary

Confers authority on the state comptroller to verify and pay the claim of A. Servidone, Inc./B. Anthony Construction Corp., J.V. against the state of New York with respect to construction of a project known as the reconstruction and bridge replacement on Route 17 at Exit 122 in the Town of Wallkill, Orange County, New York.

S7187B (ACTIVE) - Sponsor Memo

S7187B (ACTIVE) - Bill Text download pdf

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

                                 7187--B

                            I N  S E N A T E

                               May 1, 2012
                               ___________

Introduced  by  Sens. BONACIC, LARKIN -- read twice and ordered printed,
  and when printed to be  committed  to  the  Committee  on  Finance  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- committee discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT authorizing payment to A. Servidone, Inc./B. Anthony Construction
  Corp.,  J.V.    with respect to construction of a project known as the
  reconstruction and bridge replacement on Route 17 at Exit 122  in  the
  Town of Wallkill, Orange County, New York

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

  Section 1. The legislature finds that A.  Servidone,  Inc./B.  Anthony
Construction Corp., J.V. was engaged and authorized by the state, acting
by  and  through  the New York State Department of Transportation, on or
about October 6, 2011, to perform a construction project  known  as  the
reconstruction  and  bridge  replacement  on Route 17 at Exit 122 in the
Town of Wallkill, Orange County, New York (NYSDOT Contract No. D261655),
and having commenced performance and making  substantial  progress,  the
contractor  is  threatened  by financial loss, by reason of the Decision
and Order issued by the Supreme Court dated March 1, 2012 in  which  the
construction  contract  was found to be a nullity. A. Servidone, Inc./B.
Anthony  Construction  Corp.,  J.V.  made  purchases  and  executed  sub
contracts  and  purchase  orders  in  furtherance  of the project. It is
further found that A. Servidone,  Inc./B.  Anthony  Construction  Corp.,
J.V. undertook and executed the aforesaid work in good faith and without
wrongful intent and that by virtue of the benefits received by the state
and   the   consideration  rendered  by  A.  Servidone  Inc./B.  Anthony
Construction Corp., J.V. through its performance of such work,  a  clear
moral  obligation  has arisen on the part of the state to compensate and
pay actual, reasonable, and verifiable costs for the loss  sustained  by
A.    Servidone,  Inc./B. Anthony Construction Corp., J.V. on account of
the work performed and the work that it  was  not  able  to  perform  by
virtue  of  the Decision and Order, in the manner set forth in this act.
In this connection, A. Servidone,  Inc./B.  Anthony  Construction  Corp,

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

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