Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 15, 2015 |
referred to judiciary delivered to assembly passed senate |
May 27, 2015 |
amended on third reading 1479b |
May 11, 2015 |
amended on third reading (t) 1479a |
Apr 27, 2015 |
advanced to third reading |
Apr 23, 2015 |
2nd report cal. |
Apr 22, 2015 |
1st report cal.401 |
Jan 12, 2015 |
referred to finance |
Senate Bill S1479B
2015-2016 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
2015-S1479 - Details
2015-S1479 - Sponsor Memo
BILL NUMBER:S1479 TITLE OF BILL: An act to amend the state finance law, in relation to damages for delay clauses in public contracts PURPOSE: Requires all public contracts to include a clause authorizing contractors to recover damages for delay SUMMARY OF PROVISIONS: Section 1 of this bill amends the State Finance Law by adding a new section 138-b which would provide that all public works contracts include provisions that a contractor, subcontractor, or materialman may seek recovery for unanticipated costs due to inexcusable delays which are the result of actions or omissions by a public contractor. The act or omission must be within the scope of their responsibility or control. JUSTIFICATION: Current case law in New York State follows KALISCH-JARCHO, INC. V. CITY OF NEW YORK (578 NY 2nd 377), which allows a contractor to recover damages for such delay caused by an owner only where the owner acted in bad faith and with deliberate intent. In fact, the burden of
2015-S1479 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1479 2015-2016 Regular Sessions I N S E N A T E January 12, 2015 ___________ Introduced by Sen. LIBOUS -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the state finance law, in relation to damages for delay clauses in public contracts THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The state finance law is amended by adding a new section 138-b to read as follows: S 138-B. DAMAGES FOR DELAY IN PUBLIC CONTRACTS. 1. ALL CONTRACTS MADE AND AWARDED BY THE STATE, ANY STATE AGENCY, PUBLIC DEPARTMENT, MUNICIPAL CORPORATION, PUBLIC BENEFIT CORPORATION, SCHOOL DISTRICT OR A COMMISSION APPOINTED PURSUANT TO LAW (HEREINAFTER REFERRED TO IN THIS SECTION AS A "PUBLIC OWNER") FOR DESIGN, CONSTRUCTION, RECONSTRUCTION, DEMOLITION, ALTERATION, REPAIR OR IMPROVEMENT OF ANY PUBLIC WORKS SHALL CONTAIN A CLAUSE WHICH ALLOWS A CONTRACTOR TO MAKE CLAIM FOR ADDITIONAL COSTS FROM CAUSES LISTED BELOW, ATTRIBUTABLE TO DELAY IN THE PERFORMANCE OF THIS CONTRACT, OCCASIONED BY ANY ACT OR OMISSION TO ACT BY THE PUBLIC OWNER OR ANY OF ITS REPRESENTATIVES. (A) THE FAILURE OF THE PUBLIC OWNER TO TAKE REASONABLE MEASURES TO COORDINATE AND PROGRESS THE WORK. (B) EXTENDED DELAYS ATTRIBUTABLE TO THE PUBLIC OWNER IN THE REVIEW OR ISSUANCE OF ORDERS-ON-CONTRACT OR FIELD ORDERS, IN SHOP DRAWING REVIEWS OR APPROVALS OR AS A RESULT OF THE CUMULATIVE IMPACT OF MULTIPLE ORDERS ON CONTRACT, WHICH CONSTITUTE A QUALITATIVE CHANGE TO THE PROJECT WORK AND WHICH HAVE A VERIFIABLE IMPACT ON PROJECT COSTS. (C) THE UNAVAILABILITY OF THE SITE FOR SUCH AN EXTENDED PERIOD OF TIME WHICH SIGNIFICANTLY AFFECTS THE SCHEDULED COMPLETION OF THE CONTRACT. (D) THE ISSUANCE BY THE PUBLIC OWNER OF A STOP WORK ORDER RELATIVE TO A SUBSTANTIAL PORTION OF WORK FOR A PERIOD EXCEEDING THIRTY DAYS. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07155-01-5 S. 1479 2
2015-S1479A - Details
2015-S1479A - Sponsor Memo
BILL NUMBER:S1479A TITLE OF BILL: An act to amend the general obligations law, in relation to damages to contracts occasioned by delay PURPOSE: Requires all public contracts to include a clause authorizing contrac- tors to recover damages for delay SUMMARY OF PROVISIONS: Section 1 of this bill amends the State Finance Law by adding a new section 138-b which would provide that all public works contracts include provisions that a contractor, subcontractor, or materialman may seek recovery for unanticipated costs due to inexcusable delays which are the result of actions or omissions by a public contractor. The act or omission must be within the scope of their responsibility or control. JUSTIFICATION: Current case law in New York State follows KALISCH-JARCHO, INC. V. CITY OF NEW YORK (578 NY 2nd 377), which allows a contractor to recover damages for such delay caused by an owner only where the owner acted in
2015-S1479A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1479--A Cal. No. 401 2015-2016 Regular Sessions I N S E N A T E January 12, 2015 ___________ Introduced by Sen. LIBOUS -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- reported favor- ably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the general obligations law, in relation to damages to contracts occasioned by delay THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Article 5 of the general obligations law is amended by adding a new title 18 to read as follows: TITLE 18 DAMAGES OCCASIONED BY DELAY SECTION 5-1801. DEFINITIONS. 5-1802. DAMAGES FOR DELAY IN CONTRACTS. 5-1803. NOTICE OF CLAIM. 5-1804. FAILURE TO PROGRESS. 5-1805. CONTENT OF CLAIM. 5-1806. CERTIFICATION OF CLAIM. S 5-1801. DEFINITIONS. FOR PURPOSES OF THIS TITLE THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "CONTRACT" SHALL MEAN ANY CONTRACT AWARDED BY THE STATE, ANY STATE AGENCY, DEPARTMENT, BOARD, BUREAU, MUNICIPAL CORPORATION, PUBLIC BENEFIT CORPORATION, PUBLIC AUTHORITY OR ANY OTHER STATE ENTITY, ANY SCHOOL DISTRICT OR ANY OTHER SPECIAL DISTRICT, OR ANY INSTRUMENTALITY OF THE STATE OR A POLITICAL SUBDIVISION OF THE STATE, OR ANY OTHER PERSON, PARTNERSHIP, CORPORATION OR ENTITY WHICH ENTERS INTO A PUBLIC OR PRIVATE CONTRACT FOR DESIGN, CONSTRUCTION, RECONSTRUCTION, DEMOLITION, ALTER- ATION, REPAIR OR IMPROVEMENT TO THE PROPERTY OF ANOTHER. 2. "DELAY" SHALL MEAN ANY DELAY IN THE PERFORMANCE OF THE CONTRACT WHICH CAUSES DAMAGES TO BE INCURRED BY A CONTRACTOR, SUBCONTRACTOR OR EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
2015-S1479B (ACTIVE) - Details
2015-S1479B (ACTIVE) - Sponsor Memo
BILL NUMBER:S1479B TITLE OF BILL: An act to amend the general obligations law, in relation to damages to contracts occasioned by delay PURPOSE OF BILL: Requires all public contracts to include a clause authorizing contractors to recover damages for delay SUMMARY OF SPECIFIC PROVISIONS: Section 1 of this bill amends the State Finance Law by adding a new section 138-b which would provide that all public works contracts include provisions that a contractor, subcontractor, or materialman may seek recovery for unanticipated costs due to inexcusable delays which are the result of actions or omissions by a public contractor. The act or omission must be within the scope of their responsibility or control. JUSTIFICATION: Current case law in New York State follows KALISCH-JARCHO, INC. V. CITY OF NEW YORK (578 NY 2nd 377), which allows a contractor to recover damages for such delay caused by an owner only where the owner acted in bad faith and with deliberate intent. In fact, the burden of
2015-S1479B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1479--B Cal. No. 401 2015-2016 Regular Sessions I N S E N A T E January 12, 2015 ___________ Introduced by Sen. LIBOUS -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- reported favor- ably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- again amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the general obligations law, in relation to damages to contracts occasioned by delay THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Article 5 of the general obligations law is amended by adding a new title 18 to read as follows: TITLE 18 DAMAGES OCCASIONED BY DELAY SECTION 5-1801. DEFINITIONS. 5-1802. DAMAGES FOR DELAY IN CONTRACTS. 5-1803. NOTICE OF CLAIM. 5-1804. FAILURE TO PROGRESS. 5-1805. CONTENT OF CLAIM. 5-1806. CERTIFICATION OF CLAIM. S 5-1801. DEFINITIONS. FOR PURPOSES OF THIS TITLE THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "CONTRACT" SHALL MEAN ANY CONTRACT AWARDED BY THE STATE, ANY STATE AGENCY, DEPARTMENT, BOARD, BUREAU, MUNICIPAL CORPORATION, PUBLIC BENEFIT CORPORATION, PUBLIC AUTHORITY OR ANY OTHER STATE ENTITY, ANY SCHOOL DISTRICT OR ANY OTHER SPECIAL DISTRICT, OR ANY INSTRUMENTALITY OF THE STATE OR A POLITICAL SUBDIVISION OF THE STATE, OR ANY OTHER PERSON, PARTNERSHIP, CORPORATION OR ENTITY WHICH ENTERS INTO A PUBLIC OR PRIVATE CONTRACT FOR DESIGN, CONSTRUCTION, RECONSTRUCTION, DEMOLITION, ALTER- ATION, REPAIR OR IMPROVEMENT TO THE PROPERTY OF ANOTHER. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07155-04-5
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