senate Bill S4267A

2017-2018 Legislative Session

Relates to payment in construction contracts

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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 19, 2018 referred to ways and means
delivered to assembly
passed senate
ordered to third reading cal.2001
committee discharged and committed to rules
Jun 12, 2018 print number 4267a
Jun 12, 2018 amend and recommit to finance
Jan 03, 2018 referred to finance
Feb 07, 2017 referred to finance

Co-Sponsors

S4267 - Details

See Assembly Version of this Bill:
A6572
Law Section:
State Finance Law
Laws Affected:
Amd §139-f, St Fin L; amd §106-b, Gen Muni L
Versions Introduced in Other Legislative Sessions:
2015-2016: S6315, A9868
2019-2020: S2394, A3552

S4267 - Summary

Relates to payment in construction contracts; specifies the meaning of "substantial completion" for the purposes of requisition payments in construction contracts.

S4267 - Sponsor Memo

S4267 - Bill Text download pdf


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

                                  4267

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            February 7, 2017
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- 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 payment in construction contracts

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 139-f of the state finance law, as
added by chapter 769 of the laws of 1978, is 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 agent a requisition for a progress payment for
the work performed and/or materials furnished to the date of the  requi-
sition,  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 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 to the contractor provided  that
there  are  no  requirements  by  the public owner for the contractor to
provide a performance bond and a labor and material  bond  both  in  the
full  amount  of the contract. The public owner shall pay, upon requisi-
tion from the contractor, for materials pertinent to the  project  which
have  been  delivered  to  the site or off-site by the contractor and/or
subcontractor and suitably stored and secured as required by the  public
owner  and  the  contractor  provided,  the  public owner may limit such
payment to materials in  short  and/or  critical  supply  and  materials
specially  fabricated  for  the project each as defined in the contract.
When the work or major portions thereof as contemplated by the terms  of

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

Co-Sponsors

S4267A (ACTIVE) - Details

See Assembly Version of this Bill:
A6572
Law Section:
State Finance Law
Laws Affected:
Amd §139-f, St Fin L; amd §106-b, Gen Muni L
Versions Introduced in Other Legislative Sessions:
2015-2016: S6315, A9868
2019-2020: S2394, A3552

S4267A (ACTIVE) - Summary

Relates to payment in construction contracts; specifies the meaning of "substantial completion" for the purposes of requisition payments in construction contracts.

S4267A (ACTIVE) - Sponsor Memo

S4267A (ACTIVE) - Bill Text download pdf


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

                                 4267--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            February 7, 2017
                               ___________

Introduced  by Sens. DeFRANCISCO, YOUNG -- read twice and ordered print-
  ed, and when printed to be committed to the Committee  on  Finance  --
  recommitted to the Committee on Finance in accordance with Senate Rule
  6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the state finance law and the general municipal law,  in
  relation to payment in construction contracts

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 139-f of the state finance law, as
added by chapter 769 of the laws of 1978, is 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 agent a requisition for a progress payment for
the work performed and/or materials furnished to the date of the  requi-
sition,  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 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 to the contractor provided  that
there  are  no  requirements  by  the public owner for the contractor to
provide a performance bond and a labor and material  bond  both  in  the
full  amount  of the contract. The public owner shall pay, upon requisi-
tion from the contractor, for materials pertinent to the  project  which
have  been  delivered  to  the site or off-site by the contractor and/or
subcontractor and suitably stored and secured as required by the  public
owner  and  the  contractor  provided,  the  public owner may limit such

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

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