assembly Bill A2040A

Vetoed By Governor
2019-2020 Legislative Session

Relates to damages to contracts occasioned by delay

download bill text pdf

Sponsored By

Current Bill Status Via S5933 - 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 (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 13, 2019 vetoed memo.229
Dec 06, 2019 delivered to governor
Jun 20, 2019 returned to senate
passed assembly
Jun 18, 2019 ordered to third reading rules cal.328
substituted for a2040a
Jun 18, 2019 substituted by s5933a
Jun 17, 2019 ordered to third reading rules cal.328
rules report cal.328
reported
Jun 14, 2019 reported referred to rules
Jun 10, 2019 print number 2040a
Jun 10, 2019 amend and recommit to ways and means
Jun 04, 2019 reported referred to ways and means
Jan 22, 2019 referred to governmental operations

Multi-Sponsors

A2040 - Details

See Senate Version of this Bill:
S5933
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
2017-2018: A7945

A2040 - Summary

Relates to damages to contracts occasioned by delay of state agency.

A2040 - Bill Text download pdf


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

                                  2040

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2019
                               ___________

Introduced  by  M.  of  A.  KIM -- Multi-Sponsored by -- M. of A. SIMON,
  TAGUE -- read once and referred to the Committee on Governmental Oper-
  ations

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.

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A2040A (ACTIVE) - Details

See Senate Version of this Bill:
S5933
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
2017-2018: A7945

A2040A (ACTIVE) - Summary

Relates to damages to contracts occasioned by delay of state agency.

A2040A (ACTIVE) - Bill Text download pdf


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

                                 2040--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2019
                               ___________

Introduced  by  M.  of  A.  KIM -- Multi-Sponsored by -- M. of A. SIMON,
  TAGUE -- read once and referred to the Committee on Governmental Oper-
  ations -- reported and referred to the Committee on Ways and Means  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

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)  "STATE  AGENCY"  SHALL  MEAN ANY STATE DEPARTMENT, BOARD, BUREAU,
COMMISSION, DIVISION, OFFICE, COUNCIL, OR STATE COMMITTEE OR  ANY  STATE
AUTHORITY  AS  DEFINED  IN  SUBDIVISION ONE OF SECTION TWO OF THE PUBLIC
AUTHORITIES LAW. SUCH TERM SHALL NOT INCLUDE THE LEGISLATURE OR  JUDICI-
ARY.
  (B)  "CONTRACT" SHALL MEAN ANY AGREEMENT AWARDED BY A STATE AGENCY FOR
THE DESIGN, CONSTRUCTION, RECONSTRUCTION, DEMOLITION, ALTERATION, REPAIR
OR IMPROVEMENT OF ANY PUBLIC WORKS PROJECT.
  (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.
  (D)  "CLAIM"  SHALL  MEAN A REQUEST FOR ADDITIONAL COSTS ONLY FROM THE
FOLLOWING CAUSES:
  (I) THE FAILURE OF THE STATE AGENCY TO  TAKE  REASONABLE  MEASURES  TO
COORDINATE AND PROGRESS THE WORK;
  (II) EXTENDED DELAYS ATTRIBUTABLE TO THE STATE AGENCY IN THE REVIEW OR
ISSUANCE  OF ORDERS-ON-CONTRACT OR FIELD ORDERS, IN SHOP DRAWING REVIEWS
AND APPROVALS OR AS A RESULT OF THE CUMULATIVE IMPACT OF MULTIPLE ORDERS

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