assembly Bill A7945A

Vetoed By Governor
2017-2018 Legislative Session

Relates to damages to contracts occasioned by delay

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Sponsored By

Archive: Last Bill Status Via S6686 - Vetoed by Governor


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

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Actions

view actions (14)
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 19, 2018 substituted by s6686
May 24, 2018 advanced to third reading cal.953
May 22, 2018 reported
Jan 03, 2018 referred to ways and means
Jun 15, 2017 reported referred to ways and means
Jun 12, 2017 print number 7945a
Jun 12, 2017 amend (t) and recommit to governmental operations
May 22, 2017 referred to governmental operations

Votes

view votes

May 8, 2018 - Finance committee Vote

S6686
36
0
committee
36
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Jun 20, 2017 - Rules committee Vote

S6686
23
0
committee
23
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Co-Sponsors

A7945 - Details

See Senate Version of this Bill:
S6686
Law Section:
State Finance Law
Laws Affected:
Add §138-b, St Fin L
Versions Introduced in Other Legislative Sessions:
2009-2010: A7255
2011-2012: A4699
2013-2014: A2224
2015-2016: A6151
2019-2020: A2040, S4097

A7945 - Summary

Relates to damages to contracts occasioned by delay.

A7945 - Bill Text download pdf


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

                                  7945

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                              May 22, 2017
                               ___________

Introduced by M. of A. KIM -- read once and referred to the Committee on
  Governmental Operations

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:
  § 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.
  (E) DESIGN DEFICIENCIES OR ERRORS ATTRIBUTABLE TO THE PUBLIC OWNER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05191-02-7

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A7945A (ACTIVE) - Details

See Senate Version of this Bill:
S6686
Law Section:
State Finance Law
Laws Affected:
Add §138-b, St Fin L
Versions Introduced in Other Legislative Sessions:
2009-2010: A7255
2011-2012: A4699
2013-2014: A2224
2015-2016: A6151
2019-2020: A2040, S4097

A7945A (ACTIVE) - Summary

Relates to damages to contracts occasioned by delay.

A7945A (ACTIVE) - Bill Text download pdf


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

                                 7945--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                              May 22, 2017
                               ___________

Introduced  by  M.  of A. KIM, BICHOTTE -- read once and referred to the
  Committee on Governmental Operations  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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

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