assembly Bill A5684

2023-2024 Legislative Session

Relates to state construction and commodity contracts

download bill text pdf

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Current Bill Status - Stricken

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

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view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 28, 2023 enacting clause stricken
Mar 20, 2023 referred to governmental operations

A5684 (ACTIVE) - Details

Law Section:
State Finance
Versions Introduced in 2021-2022 Legislative Session:

A5684 (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.

A5684 (ACTIVE) - Bill Text download pdf

                     S T A T E   O F   N E W   Y O R K
                        2023-2024 Regular Sessions
                           I N  A S S E M B L Y
                              March 20, 2023
 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, 2021 but only for which materials
 were purchased or invoiced after March 1, 2021, 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
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.