senate Bill S8844

2021-2022 Legislative Session

Relates to state construction and commodity contracts

download bill text pdf

Sponsored By

Current Bill Status Via A10109 - Passed Senate & Assembly


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 01, 2022 returned to assembly
passed senate
3rd reading cal.1818
substituted for s8844
Jun 01, 2022 substituted by a10109
ordered to third reading cal.1818
committee discharged and committed to rules
May 09, 2022 reported and committed to finance
Apr 22, 2022 referred to procurement and contracts

Votes

view votes

Jun 1, 2022 - Rules committee Vote

S8844
20
0
committee
20
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

May 9, 2022 - Procurement and Contracts committee Vote

S8844
7
0
committee
7
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Procurement and Contracts committee vote details

Procurement and Contracts Committee Vote: May 9, 2022

Co-Sponsors

S8844 (ACTIVE) - Details

See Assembly Version of this Bill:
A10109
Law Section:
State Finance

S8844 (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.

S8844 (ACTIVE) - Sponsor Memo

S8844 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8844
 
                             I N  S E N A T E
 
                              April 22, 2022
                                ___________
 
 Introduced  by  Sen. REICHLIN-MELNICK -- read twice and ordered printed,
   and when printed to be committed to the Committee on  Procurement  and
   Contracts
 
 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
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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