|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Dec 18, 2013||
|Dec 06, 2013||
delivered to governor
|Jun 21, 2013||
returned to assembly
3rd reading cal.557
substituted for s3551
|Jun 21, 2013||
substituted by a5443
|May 08, 2013||
advanced to third reading
|May 07, 2013||
2nd report cal.
|May 06, 2013||
1st report cal.557
|Feb 27, 2013||
reported and committed to finance
|Feb 05, 2013||
referred to corporations, authorities and commissions
senate Bill S3551
Relates to claims and actions against the New York city school construction authority arising out of contracts
Archive: Last Bill Status Via A5443 - Vetoed by Governor
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Vetoed by Governor
view actions (13)
Jun 21, 2013 - floor VoteA5443567floor56Aye7Nay0Absent0Excused0Abstained
show floor vote details
Floor Vote: Jun 21, 2013aye (56)
May 6, 2013 - Finance committee VoteS3551186committee18Aye6Nay8Aye with Reservations1Absent3Excused0Abstained
Feb 27, 2013 - Corporations, Authorities and Commissions committee VoteS355151committee5Aye1Nay0Aye with Reservations0Absent0Excused0Abstained
- show floor vote details
S3551 - Bill Details
S3551 - Bill Texts
Relates to claims and actions against the New York city school construction authority arising out of contracts; provides accrual of claims shall be deemed to have occurred as of the date payment for the amount claimed was denied.
view sponsor memo
TITLE OF BILL: An act to amend the public authorities law, in relation
to claims and actions against the New York city school construction
authority arising out of contracts
PURPOSE OR GENERAL IDEA OF BILL: To bring section 1744 of the Public
Authorities Law into conformance with Education Law with regard to
claims for contracts
SUMMARY OF SPECIFIC PROVISIONS: Section 1 - amends subdivision two of
section 1744 of the Public Authorities Law to add an additional sentence
that provides in the case of an action or special proceeding for monies
due arising out of contract, accrual of such claim shall be deemed to
have occurred as of the day payment for the amount claimed was denied.
Section 2 - provides that this act shall take effect immediately.
JUSTIFICATION: Because of the volume of work being done by the New York
City School Construction Authority, and the numerous change orders that
have occurred and continue to occur, review of changes is often delayed
beyond the ninety days within which a claim must be presented. Under
present law, a notice of claim to preserve contractors' rights to pursue
an action (if the claim is eventually denied) must be served before a
contractor even knows if there will be a dispute. The limited, technical
amendment implemented by this bill would not only avoid the burden of
unnecessary notices of claims, but will allow for a much clearer, under-
standable trigger as to when the ninety days to file a notice of claim,
or the one year to commence an action on the claim, begins to run. The
denial-of-a-claim starting point, utilized in the amended Education Law
§ 3813, is much clearer than the vague, accrual-of-claim starting point
currently in the Public Authorities Law. This change will bring the time
of accrual into conformance with the Education Law provisions applicable
to all other school districts statewide, will prevent the unintentional
and unfair waiver of claims, and will reduce paperwork for both the
Authority and its contractors.
PRIOR LEGISLATIVE HISTORY: 2011-2012 - S.5202-B/A.7768-B - RULES/Passed
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
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S T A T E O F N E W Y O R K ________________________________________________________________________ 3551 2013-2014 Regular Sessions I N S E N A T E February 5, 2013 ___________ Introduced by Sen. RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Author- ities and Commissions AN ACT to amend the public authorities law, in relation to claims and actions against the New York city school construction authority aris- ing out of contracts THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 1744 of the public authorities law, as added by chapter 738 of the laws of 1988, is amended to read as follows: 2. No action or proceeding for any cause whatever, other than the one for personal injury, death, property damage or tort, which shall be governed by subdivision one of this section, relating to the design, construction, reconstruction, improvement, rehabilitation, repair, furnishing or equipping of educational facilities, shall be prosecuted or maintained against the authority or any member, officer, agent, or employee thereof, unless (i) it shall appear by and as an allegation in the complaint or moving papers, that a detailed, written, verified notice of each claim upon which any part of such action or proceeding is founded was presented to the board within three months after the accrual of such claim, that at least thirty days have elapsed since such notice was so presented and that the authority or the officer or body having the power to adjust or pay said claim has neglected or refused to make an adjustment or payment thereof, and (ii) the action or proceeding shall have been commenced within one year after the happening of the event upon which the claim is based; provided, however, that nothing contained in this subdivision shall be deemed to modify or supersede any provision of law or contract specifying a shorter period of time in which to commence such action or proceeding, or to excuse compliance with any other conditions required by contract to be satisfied prior to EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05243-01-3 S. 3551 2 the commencement of such action or proceeding. IN THE CASE OF AN ACTION OR SPECIAL PROCEEDING FOR MONIES DUE ARISING OUT OF CONTRACT, ACCRUAL OF SUCH CLAIM SHALL BE DEEMED TO HAVE OCCURRED AS OF THE DAY PAYMENT FOR THE AMOUNT CLAIMED WAS DENIED BY WRITTEN NOTICE DELIVERED BY PERSONAL SERVICE, CERTIFIED MAIL OR AS OTHERWISE PROVIDED BY CONTRACT. S 2. This act shall take effect immediately.
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