assembly Bill A5758

2023-2024 Legislative Session

Relates to state construction and commodity contracts

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Current Bill Status - In Assembly Committee

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

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view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 23, 2023 referred to governmental operations


A5758 (ACTIVE) - Details

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

A5758 (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.

A5758 (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 23, 2023
 Introduced by M. of A. ZEBROWSKI, DeSTEFANO -- 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 December 31, 2021 but only for which  mate-
 rials were purchased or invoiced after March 1, 2020, require a contrac-
 tor   to   furnish   materials  in  such  contract  pertaining  to  such
 construction materials may be adjusted upon a determination made by  the
 officer  of  the department, board, agency or public benefit corporation
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.