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Senate Bill S2404

2013-2014 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 - In Senate Committee Finance Committee

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2013-S2404 (ACTIVE) - Details

See Assembly Version of this Bill:
A2610
Current Committee:
Senate Finance
Law Section:
State Finance Law
Laws Affected:
Amd §139-f, St Fin L; amd §106-b, Gen Muni L
Versions Introduced in 2011-2012 Legislative Session:
S3414, A5412

2013-S2404 (ACTIVE) - 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.

2013-S2404 (ACTIVE) - Sponsor Memo

2013-S2404 (ACTIVE) - Bill Text download pdf 

                            
                    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
                               ___________

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

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