S T A T E O F N E W Y O R K
________________________________________________________________________
S. 2404 A. 2610
2013-2014 Regular Sessions
S E N A T E - A S S E M B L Y
January 17, 2013
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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, ROBINSON -- 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 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
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.
LBD04999-01-3