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 17, 2019 |
referred to ways and means delivered to assembly passed senate |
Jun 13, 2019 |
ordered to third reading cal.1353 committee discharged and committed to rules |
Jun 10, 2019 |
print number 5933a |
Jun 10, 2019 |
amend and recommit to finance |
May 16, 2019 |
referred to finance |
Senate Bill S5933A
Vetoed By Governor2019-2020 Legislative Session
Sponsored By
(D) 14th 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
Bill Amendments
co-Sponsors
(R, C, IP) Senate District
2019-S5933 - Details
2019-S5933 - Sponsor Memo
BILL NUMBER: S5933 SPONSOR: COMRIE 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 state agency and authority public works contracts to include a clause authorizing contractors to recover reasonable damages for delay under limited circumstances. 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 state agency and state authority contracts shall contain a clause which allows a contractor to make claim for additional costs due to excusable delays which are the result of actions or omissions by a state agency or authority. The act or omission must be within the scope of their responsibility or control. Section 2 of the bill sets forth the effective date.
2019-S5933 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5933 2019-2020 Regular Sessions I N S E N A T E May 16, 2019 ___________ Introduced by Sen. COMRIE -- 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) "STATE AGENCY" SHALL MEAN ALL ENTITIES AS DEFINED IN SECTION ONE HUNDRED SEVENTY-NINE-E OF THIS CHAPTER AND SUBDIVISION ONE OF SECTION TWO OF THE PUBLIC AUTHORITIES LAW. (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 ON CONTRACT, WHICH CONSTITUTE A QUALITATIVE CHANGE TO THE PROJECT WORK AND WHICH HAVE A VERIFIABLE IMPACT ON PROJECT COSTS; OR (III) THE UNAVAILABILITY OF THE SITE FOR SUCH AN EXTENDED PERIOD OF TIME WHICH SIGNIFICANTLY AFFECTS THE SCHEDULED COMPLETION OF THE CONTRACT. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
co-Sponsors
(D) 16th Senate District
(R, C, IP) Senate District
2019-S5933A (ACTIVE) - Details
2019-S5933A (ACTIVE) - Sponsor Memo
BILL NUMBER: S5933A SPONSOR: COMRIE 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 state agency and authority public works contracts to include a clause authorizing contractors to recover reasonable damages for delay under limited circumstances. 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 state agency and state authority contracts shall contain a clause which allows a contractor to make claim for additional costs due to excusable delays which are the result of actions or omissions by a state agency or authority. The act or omission must be within the scope of their responsibility or control. Section 2 of the bill sets forth the effective date.
2019-S5933A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5933--A 2019-2020 Regular Sessions I N S E N A T E May 16, 2019 ___________ Introduced by Sens. COMRIE, RANZENHOFER -- read twice and ordered print- ed, and when printed to be committed to the Committee on Finance -- 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. LBD11735-03-9
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