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Assembly Bill A5665

2015-2016 Legislative Session

Requires that the owner shall have fifteen days from the approximate or estimated completion date specified in the contract for inspection of contracted home improvements

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Archive: Last Bill Status - In Assembly Committee

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2015-A5665 (ACTIVE) - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Amd ยง771, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6166
2011-2012: A5240
2013-2014: A1903
2017-2018: A4084

2015-A5665 (ACTIVE) - Summary

Requires that the owner shall have fifteen days from the approximate or estimated completion date specified in the contract for inspection of contracted home improvements prior to final payment therefor.

2015-A5665 (ACTIVE) - Bill Text download pdf 

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

                                  5665

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 3, 2015
                               ___________

Introduced  by  M. of A. HOOPER -- Multi-Sponsored by -- M. of A. CLARK,
  PERRY, RIVERA, WRIGHT -- read once and referred to  the  Committee  on
  Consumer Affairs and Protection

AN  ACT  to  amend  the general business law, in relation to requiring a
  reasonable time for inspection of home improvements made  pursuant  to
  contract

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

  Section 1. Subdivision 1 of section 771 of the general business law is
amended by adding two new paragraphs (i) and (j) to read as follows:
  (I) A  NOTICE  TO  THE  OWNER  THAT,  IN  ADDITION  TO  ANY  RIGHT  OF
INSPECTION,  THE  OWNER  SHALL HAVE FIFTEEN DAYS FROM THE APPROXIMATE OR
ESTIMATED COMPLETION DATE SPECIFIED IN THE CONTRACT WITHIN WHICH TO MAKE
AN INSPECTION OF THE WORK  COMPLETED.  NO  SCHEDULE  OF  PAYMENTS  SHALL
REQUIRE FINAL PAYMENT BE MADE PURSUANT TO THE CONTRACT UNTIL SUCH PERIOD
OF INSPECTION HAS EXPIRED.
  (J)  A  NOTICE TO THE OWNER PURCHASING THE HOME IMPROVEMENT THAT HE OR
SHE SHALL PAY ONE-THIRD OF THE AGREED UPON CONSIDERATION  FOR  THE  WORK
AND MATERIALS AS A DOWN PAYMENT TO THE HOME IMPROVEMENT CONTRACTOR PRIOR
TO  THE  COMMENCEMENT  OF ANY WORK, ANOTHER ONE-THIRD OF THE AGREED UPON
CONSIDERATION ON THE FIRST DAY WORK IS COMMENCED AND THE FINAL ONE-THIRD
OF THE AGREED UPON CONSIDERATION TO BE PAID UPON THE COMPLETION OF  SUCH
WORK,  PROVIDED HOWEVER, SUCH OWNER SHALL HAVE THE RIGHT TO WITHHOLD THE
FINAL ONE-THIRD PAYMENT UNTIL THE FIFTEEN DAY PERIOD SPECIFIED IN  PARA-
GRAPH (I) OF THIS SUBDIVISION HAS ELAPSED.
  S  2.  This  act  shall take effect immediately and shall apply to all
home improvement contracts entered into on or after such date.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09239-01-5

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