Senate Bill S4467

2017-2018 Legislative Session

Prohibits the retention of any amount of payment due and owing for materials delivered and accepted for a public or private construction project

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Archive: Last Bill Status - In Senate Committee Finance 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

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2017-S4467 (ACTIVE) - Details

See Assembly Version of this Bill:
A358
Current Committee:
Senate Finance
Law Section:
State Finance Law
Laws Affected:
Amd §139-f, St Fin L; amd §106-b, Gen Muni L; amd §756-c, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: S6158, A8473
2013-2014: S980, A725
2015-2016: S2931, S7652, A796, A10275
2019-2020: S5498, A574
2021-2022: S1387, A494
2023-2024: S6855, A1194

2017-S4467 (ACTIVE) - Summary

Prohibits the retention of any amount of payment due and owing for materials delivered and accepted for a public or private construction project.

2017-S4467 (ACTIVE) - Sponsor Memo

2017-S4467 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4467
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 15, 2017
                                ___________
 
 Introduced  by  Sen. AMEDORE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the state finance law and the general municipal law,  in
   relation  to requiring full payment for delivered and accepted materi-
   als pertaining to public work projects; and to amend the general busi-
   ness law, in relation to prohibiting the retention of any payment  due
   and owing a material supplier for a construction project
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1 and 2 of section 139-f of the state  finance
 law,  subdivision  1  as  added  by  chapter 769 of the laws of 1978 and
 subdivision 2 as amended by section 16 of part MM of chapter 57  of  the
 laws of 2008, are amended to read as follows:
   1. Payment by public owners to contractors. The contractor shall peri-
 odically,  in  accordance  with the terms of the contract, submit to the
 public owner and/or [his] ITS agent a requisition for a progress payment
 for the work performed and/or materials furnished to  the  date  of  the
 requisition,  less  any  amount  previously  paid to the contractor. The
 public owner shall in accordance with the terms of the contract  approve
 and promptly pay the requisition for the progress payment less an amount
 necessary to satisfy any claims, liens or judgments against the contrac-
 tor which have not been suitably discharged and less any retained amount
 as hereafter described. The public owner shall retain not more than five
 per centum of each progress payment, NOT INCLUDING ANY PAYMENT FOR MATE-
 RIALS  PERTINENT  TO THE PROJECT WHICH HAVE BEEN DELIVERED, ACCEPTED AND
 ARE COVERED BY A MANUFACTURER'S WARRANTY,  AND/OR  ARE  GRADED  TO  MEET
 INDUSTRY  STANDARDS,  to the contractor except that the public owner may
 retain in excess of five per centum but not more than ten per centum  of
 each progress payment, NOT INCLUDING ANY PAYMENT FOR MATERIALS PERTINENT
 TO  THE PROJECT WHICH HAVE BEEN DELIVERED, ACCEPTED AND ARE COVERED BY A
 MANUFACTURER'S WARRANTY, AND/OR ARE GRADED TO MEET  INDUSTRY  STANDARDS,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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