senate Bill S1479B

2015-2016 Legislative Session

Provides for the payment of damages occasioned by a delay in the performance of a contract

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (9)
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

S1479 - Details

See Assembly Version of this Bill:
A8073
Current Committee:
Assembly Judiciary
Law Section:
General Obligations Law
Laws Affected:
Add Art 5 Title 18 §§5-1801 - 5-1806, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2017-2018: A6943
2019-2020: A2074

S1479 - Summary

Provides for payment of damages occasioned by a delay in the performance of a contract.

S1479 - Sponsor Memo

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

S1479A - Details

See Assembly Version of this Bill:
A8073
Current Committee:
Assembly Judiciary
Law Section:
General Obligations Law
Laws Affected:
Add Art 5 Title 18 §§5-1801 - 5-1806, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2017-2018: A6943
2019-2020: A2074

S1479A - Summary

Provides for payment of damages occasioned by a delay in the performance of a contract.

S1479A - Sponsor Memo

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.

S1479B (ACTIVE) - Details

See Assembly Version of this Bill:
A8073
Current Committee:
Assembly Judiciary
Law Section:
General Obligations Law
Laws Affected:
Add Art 5 Title 18 §§5-1801 - 5-1806, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2017-2018: A6943
2019-2020: A2074

S1479B (ACTIVE) - Summary

Provides for payment of damages occasioned by a delay in the performance of a contract.

S1479B (ACTIVE) - Sponsor Memo

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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