Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Dec 28, 2018 |
vetoed memo.355 |
Dec 18, 2018 |
delivered to governor |
Jun 19, 2018 |
returned to senate passed assembly ordered to third reading cal.953 substituted for a7945a |
Jun 14, 2018 |
referred to ways and means delivered to assembly passed senate |
May 14, 2018 |
advanced to third reading |
May 09, 2018 |
2nd report cal. |
May 08, 2018 |
1st report cal.1105 |
Jan 03, 2018 |
referred to finance returned to senate died in assembly |
Jun 20, 2017 |
referred to ways and means delivered to assembly passed senate ordered to third reading cal.2085 |
Jun 13, 2017 |
referred to rules |
Senate Bill S6686
Vetoed By Governor2017-2018 Legislative Session
Sponsored By
(R, C, IP) Senate District
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
Actions
Votes
co-Sponsors
(D) 32nd Senate District
2017-S6686 (ACTIVE) - Details
2017-S6686 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6686 TITLE OF BILL : An act to amend the state finance law, in relation to damages to contracts occasioned by delay PURPOSE OR GENERAL IDEA OF BILL : Requires public contracts to include a clause authorizing contractors to recover damages for delay for itself as well as on behalf of subcontractors or materialmen. 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 shall contain a clause which allows a contractor, subcontractor, or materialman to make claim for additional costs due to excusable delays which are the result of actions or omissions by a public owner or any of its representatives. The act or omission must be within the scope of their responsibility or control. Section 2 of the bill sets forth the effective date. JUSTIFICATION : Current case law in New York State follows KALISCH-JARCHO, INC. V.
2017-S6686 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6686 2017-2018 Regular Sessions I N S E N A T E June 13, 2017 ___________ Introduced by Sen. RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the state finance 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. The state finance law is amended by adding a new section 138-b to read as follows: § 138-B. DAMAGES OCCASIONED BY DELAY. 1. FOR PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "PUBLIC ENTITY" SHALL MEAN 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. (B) "CONTRACT" SHALL MEAN ANY AGREEMENT AWARDED BY A PUBLIC ENTITY FOR THE DESIGN, CONSTRUCTION, RECONSTRUCTION, DEMOLITION, ALTERATION, REPAIR OR IMPROVEMENT OF ANY PUBLIC WORKS. (C) "DELAY" SHALL MEAN ANY DELAY, DISRUPTION, INTERFERENCE, INEFFI- CIENCIES, IMPEDANCE, HINDRANCE OR ACCELERATION IN THE PERFORMANCE OF THE CONTRACT WHICH CAUSES DAMAGES TO BE INCURRED BY A CONTRACTOR, SUBCON- TRACTOR OR MATERIALMAN TO A CONTRACT AND WHICH IS A DIRECT RESULT OF THE ACT OR OMISSION OF THE PUBLIC ENTITY FOR WHOM THE CONTRACTOR, SUBCON- TRACTOR OR MATERIALMAN IS PROVIDING SERVICES AS PROVIDED FOR IN THE CONTRACT. (D) "CLAIM" SHALL MEAN A REQUEST FOR ADDITIONAL COSTS FROM THE FOLLOW- ING CAUSES LISTED IN THIS SUBDIVISION ATTRIBUTABLE TO DELAY IN THE PERFORMANCE OF A CONTRACT, OCCASIONED BY ANY ACT OR OMISSION TO ACT BY THE PUBLIC ENTITY WITH WHOM A CONTRACTOR, SUBCONTRACTOR OR MATERIALMAN HAS CONTRACTED WITH, BUT SHALL NOT INCLUDE DELAY FROM ANY OTHER CAUSE, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05191-05-7
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