senate Bill S5933A

Vetoed By Governor
2019-2020 Legislative Session

Relates to damages to contracts occasioned by delay

download bill text pdf

Sponsored By

Archive: Last Bill Status - 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 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

Co-Sponsors

S5933 - Details

See Assembly Version of this Bill:
A2040
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
2021-2022: S7166

S5933 - Summary

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

S5933 - Sponsor Memo

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

S5933A (ACTIVE) - Details

See Assembly Version of this Bill:
A2040
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
2021-2022: S7166

S5933A (ACTIVE) - Summary

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

S5933A (ACTIVE) - Sponsor Memo

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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