Senate Bill S6906

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 - 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

co-Sponsors

2015-S6906 (ACTIVE) - Details

See Assembly Version of this Bill:
A10136
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-S6906 (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-S6906 (ACTIVE) - Sponsor Memo

2015-S6906 (ACTIVE) - Bill Text download pdf

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

                                  6906

                            I N  S E N A T E

                              March 4, 2016
                               ___________

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, 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.
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.