assembly Bill A10109

Vetoed By Governor
2021-2022 Legislative Session

Relates to state construction and commodity contracts

download bill text pdf

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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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view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 30, 2022 tabled
vetoed memo.186
Dec 19, 2022 delivered to governor
Jun 01, 2022 returned to assembly
passed senate
3rd reading cal.1818
substituted for s8844
May 31, 2022 referred to finance
delivered to senate
passed assembly
ordered to third reading rules cal.494
rules report cal.494
May 25, 2022 reported referred to rules
May 09, 2022 reported referred to ways and means
Apr 29, 2022 referred to governmental operations


A10109 (ACTIVE) - Details

See Senate Version of this Bill:
Law Section:
State Finance
Versions Introduced in 2023-2024 Legislative Session:
A5684, A5758

A10109 (ACTIVE) - Summary

Relates to amending state construction and commodity contracts to provide equitable relief to contractors who have sustained unanticipated expenses by reason of construction materials price escalations.

A10109 (ACTIVE) - Bill Text download pdf

                     S T A T E   O F   N E W   Y O R K
                           I N  A S S E M B L Y
                              April 29, 2022
 Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
   Committee on Governmental Operations
 AN  ACT  in  relation  to  amending  state  construction  and  commodity
   contracts   to  provide  equitable  relief  to  contractors  who  have
   sustained unanticipated expenses by reason of  construction  materials
   price escalation; and providing for the repeal of such provisions upon
   the expiration thereof
   Section 1. Declaration of policy and statement of purpose. It being in
 the vital interest of the general public that public works in the  state
 of  New York be administered efficiently and at a reasonable and equita-
 ble cost; and, the unforeseen emergency of unanticipated  escalation  in
 construction  materials  prices having imposed substantial inequity upon
 contractors who have heretofore  been  awarded  contracts  after  public
 bidding; and, such inequity having threatened the ability of contractors
 to  fulfill  contracts so awarded; and, in order to perpetuate the bene-
 fits derived by the general public from the existing  system  of  public
 bidding,  and  to  assure  the continuance of the orderly performance of
 contracts heretofore awarded as a result of such public bidding; and, it
 being in the best interest to provide equitable relief to those contrac-
 tors who, having been awarded public contracts, have sustained damage by
 reason of such construction materials  price  escalation,  this  act  is
 hereby enacted.
   §  2.  Whenever  the  terms  and conditions of a construction contract
 awarded by the state of New York or a public benefit  corporation  based
 upon  bids submitted prior to April 1, 2020 but only for which materials
 were purchased or invoiced after March 1, 2020, require a contractor  to
 furnish materials in such contract pertaining to such construction mate-
 rials  may  be  adjusted upon a determination made by the officer of the
 department, board, agency or public  benefit  corporation  that  awarded
 such contract that there has been an increase in the cost of acquisition
 by  the contractor, subcontractor or supplier of materials of such mate-
 rials in excess of five percent, determined as of the time of the award.
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.