Assembly Bill A10136

Vetoed By Governor
2015-2016 Legislative Session

Relates to notice provisions in public works contracts; requires certain language in contracts; requires a showing of material prejudice

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S6906 - Vetoed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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2015-A10136 (ACTIVE) - Details

See Senate Version of this Bill:
S6906
Law Section:
Public Authorities Law
Laws Affected:
Add §2882, Pub Auth L; add §109-c, Gen Muni L; add §28, Pub Serv L; add §179-ff, St Fin L

2015-A10136 (ACTIVE) - Summary

Relates to notice provisions in public works contracts; requires any contract made and awarded by a public owner for any public work project to contain, or be presumed to contain, the following: "The failure to give any notice required to be given by such contract within the time prescribed therein shall not invalidate any claim made by the contractor or any other claimant, unless the failure to provide timely notice has materially prejudiced the public owner"; requires a showing of material prejudice.

2015-A10136 (ACTIVE) - Bill Text download pdf 

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

                                  10136

                          I N  A S S E M B L Y

                              May 12, 2016
                               ___________

Introduced by M. of A. CUSICK, COOK, QUART, SEPULVEDA -- Multi-Sponsored
  by -- M. of A. BLAKE, MAGEE -- read once and referred to the Committee
  on Governmental Operations

AN  ACT  to amend the public authorities law, the general municipal law,
  the public service law and the  state  finance  law,  in  relation  to
  notice provisions in public works contracts

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

  Section 1.  The public authorities law is  amended  by  adding  a  new
section 2882 to read as follows:
  S  2882.  NOTICE PROVISIONS IN PUBLIC WORKS CONTRACTS. 1. FOR PURPOSES
OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "PUBLIC OWNER" SHALL MEAN ANY STATE OR LOCAL AUTHORITY, AS DEFINED
BY SECTION TWO OF THIS CHAPTER.
  (B) "CONTRACT" SHALL MEAN ANY CONTRACT MADE AND AWARDED  BY  A  PUBLIC
OWNER  FOR  CONSTRUCTION, RECONSTRUCTION, DEMOLITION, ALTERATION, REPAIR
OR MAINTENANCE OF ANY PUBLIC WORK PROJECT.
  (C) "CONTRACTOR" SHALL MEAN  ANY  PERSON,  FIRM,  PARTNERSHIP,  CORPO-
RATION,  ASSOCIATION,  COMPANY, SUB-CONTRACTOR, MATERIALMAN SECURED BY A
CONTRACTOR OR A SUBCONTRACTOR, OR OTHER ENTITY OR  COMBINATION  THEREOF,
WHICH ENTERS INTO A CONTRACT TO PROVIDE SERVICES TO A PUBLIC OWNER.
  (D)  "MATERIALLY  PREJUDICE"  SHALL  MEAN  TO SUBSTANTIALLY IMPAIR THE
ABILITY OF THE PUBLIC OWNER TO INVESTIGATE OR DEFEND THE CLAIM, PROVIDED
THAT THE PUBLIC OWNER'S ACTUAL KNOWLEDGE OF THE EVENTS IN QUESTION SHALL
PRECLUDE A CLAIM OF MATERIAL PREJUDICE  DUE  TO  LACK  OF  ANY  REQUIRED
NOTICE.
  2.  NOTWITHSTANDING  ANY  OTHER LAW TO THE CONTRARY, ANY CONTRACT MADE
AND AWARDED BY A PUBLIC OWNER FOR ANY PUBLIC WORK PROJECT SHALL CONTAIN,
OR BE PRESUMED TO CONTAIN, THE FOLLOWING PROVISION OR A  PROVISION  THAT
IS EQUALLY FAVORABLE TO THE CONTRACTOR:
  THE  FAILURE  TO GIVE ANY NOTICE REQUIRED TO BE GIVEN BY SUCH CONTRACT
WITHIN THE TIME PRESCRIBED THEREIN SHALL NOT INVALIDATE ANY  CLAIM  MADE
BY  THE  CONTRACTOR OR ANY OTHER CLAIMANT, UNLESS THE FAILURE TO PROVIDE
TIMELY NOTICE HAS MATERIALLY PREJUDICED THE PUBLIC OWNER.

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

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