|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2020||referred to finance|
|Feb 28, 2019||referred to finance|
senate Bill S4097
Current Bill Status - In Senate Committee Finance Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S4097 (ACTIVE) - Details
S4097 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4097 SPONSOR: RANZENHOFER 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 subcontrac- tors 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 material- man 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.
S4097 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4097 2019-2020 Regular Sessions I N S E N A T E February 28, 2019 ___________ Introduced by Sens. RANZENHOFER, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Finance 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. LBD05157-01-9
Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.
By contributing or voting you agree to the Terms of Participation and verify you are over 13.