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Assembly Bill A5240A

2011-2012 Legislative Session

Requires that the owner shall have fifteen days from the approximate or estimated completion date specified in the contract for inspection of contracted home improvement

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Archive: Last Bill Status - On Floor Calendar

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Bill Amendments

multi-Sponsors

2011-A5240 - Details

Law Section:
General Business Law
Laws Affected:
Amd §771, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6166
2013-2014: A1903
2015-2016: A5665
2017-2018: A4084

2011-A5240 - Summary

Requires that the owner shall have fifteen days from the approximate or estimated completion date specified in the contract for inspection of contracted home improvements prior to final payment therefor.

2011-A5240 - Bill Text download pdf 

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

                                  5240

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 14, 2011
                               ___________

Introduced  by  M. of A. HOOPER -- Multi-Sponsored by -- M. of A. CLARK,
  DESTITO, MAYERSOHN, PERRY, PHEFFER, J. RIVERA, TOWNS, WRIGHT  --  read
  once and referred to the Committee on Consumer Affairs and Protection

AN  ACT  to  amend  the general business law, in relation to requiring a
  reasonable time for inspection of home improvements made  pursuant  to
  contract

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

  Section 1. Subdivision 1 of section 771 of the general business law is
amended by adding a new paragraph (i) to read as follows:
  (I) A  NOTICE  TO  THE  OWNER  THAT,  IN  ADDITION  TO  ANY  RIGHT  OF
INSPECTION,  THE  OWNER  SHALL HAVE FIFTEEN DAYS FROM THE APPROXIMATE OR
ESTIMATED COMPLETION DATE SPECIFIED IN THE CONTRACT WITHIN WHICH TO MAKE
AN INSPECTION OF THE WORK  COMPLETED.  NO  SCHEDULE  OF  PAYMENTS  SHALL
REQUIRE FINAL PAYMENT BE MADE PURSUANT TO THE CONTRACT UNTIL SUCH PERIOD
OF INSPECTION HAS EXPIRED.
  S  2.  This  act  shall take effect immediately and shall apply to all
home improvement contracts entered into on or after such date.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06884-01-1

multi-Sponsors

2011-A5240A (ACTIVE) - Details

Law Section:
General Business Law
Laws Affected:
Amd §771, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6166
2013-2014: A1903
2015-2016: A5665
2017-2018: A4084

2011-A5240A (ACTIVE) - Summary

Requires that the owner shall have fifteen days from the approximate or estimated completion date specified in the contract for inspection of contracted home improvements prior to final payment therefor.

2011-A5240A (ACTIVE) - Bill Text download pdf 

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

                                 5240--A
                                                        Cal. No. 405

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 14, 2011
                               ___________

Introduced  by  M. of A. HOOPER -- Multi-Sponsored by -- M. of A. CLARK,
  PERRY, J. RIVERA, WRIGHT -- read once and referred to the Committee on
  Consumer Affairs and  Protection  --  advanced  to  a  third  reading,
  amended  and  ordered  reprinted,  retaining its place on the order of
  third reading

AN ACT to amend the general business law, in  relation  to  requiring  a
  reasonable  time  for inspection of home improvements made pursuant to
  contract

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

  Section 1. Subdivision 1 of section 771 of the general business law is
amended by adding two new paragraphs (i) and (j) to read as follows:
  (I)  A  NOTICE  TO  THE  OWNER  THAT,  IN  ADDITION  TO  ANY  RIGHT OF
INSPECTION, THE OWNER SHALL HAVE FIFTEEN DAYS FROM  THE  APPROXIMATE  OR
ESTIMATED COMPLETION DATE SPECIFIED IN THE CONTRACT WITHIN WHICH TO MAKE
AN  INSPECTION  OF  THE  WORK  COMPLETED.  NO SCHEDULE OF PAYMENTS SHALL
REQUIRE FINAL PAYMENT BE MADE PURSUANT TO THE CONTRACT UNTIL SUCH PERIOD
OF INSPECTION HAS EXPIRED.
  (J) A NOTICE TO THE OWNER PURCHASING THE HOME IMPROVEMENT THAT  HE  OR
SHE  SHALL  PAY  ONE-THIRD OF THE AGREED UPON CONSIDERATION FOR THE WORK
AND MATERIALS AS A DOWN PAYMENT TO THE HOME IMPROVEMENT CONTRACTOR PRIOR
TO THE COMMENCEMENT OF ANY WORK, ANOTHER ONE-THIRD OF  THE  AGREED  UPON
CONSIDERATION ON THE FIRST DAY WORK IS COMMENCED AND THE FINAL ONE-THIRD
OF  THE AGREED UPON CONSIDERATION TO BE PAID UPON THE COMPLETION OF SUCH
WORK, PROVIDED HOWEVER, SUCH OWNER SHALL HAVE THE RIGHT TO WITHHOLD  THE
FINAL  ONE-THIRD PAYMENT UNTIL THE FIFTEEN DAY PERIOD SPECIFIED IN PARA-
GRAPH (I) OF THIS SUBDIVISION HAS ELAPSED.
  S 2. This act shall take effect immediately and  shall  apply  to  all
home improvement contracts entered into on or after such date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06884-02-2

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