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This entry was published on 2014-09-22
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Acceptance of final payment under a state contract
State Finance (STF) CHAPTER 56, ARTICLE 9
§ 145. Acceptance of final payment under a state contract. No
provision contained in a construction contract awarded by any state
department or agency shall bar the commencement of an action for breach
of contract on the sole ground of the contractor's acceptance of final
payment under such contract provided that a detailed and verified
statement of claim is served upon the public body concerned not later
than forty days after the mailing of such final payment. The statement
shall specify the items upon which the claim will be based and any such
claim shall be limited to such items. Any provision of subdivision four,
section ten of the court of claims act to the contrary notwithstanding,
an action founded upon such statement of claim shall be filed within six
months after the mailing of the final payment. No payment to the
contractor shall limit or qualify any defense, claim or counterclaim
otherwise available to the public body relating to the contract