S T A T E O F N E W Y O R K
I N S E N A T E
January 28, 2016
Introduced by Sen. HANNON -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary
AN ACT to amend the general obligations law, in relation to damages to
contracts occasioned by delay
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Article 5 of the general obligations law is amended by
adding a new title 18 to read as follows:
DAMAGES OCCASIONED BY DELAY
SECTION 5-1801. DEFINITIONS.
5-1802. DAMAGES FOR DELAY IN CONTRACTS.
5-1803. NOTICE OF CLAIM.
5-1804. FAILURE TO PROGRESS.
5-1805. CONTENT OF CLAIM.
5-1806. CERTIFICATION OF CLAIM.
S 5-1801. DEFINITIONS. FOR PURPOSES OF THIS TITLE THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
1. "CONTRACT" SHALL MEAN ANY CONTRACT AWARDED BY THE STATE, ANY STATE
AGENCY, DEPARTMENT, BOARD, BUREAU, MUNICIPAL CORPORATION, PUBLIC BENEFIT
CORPORATION, PUBLIC AUTHORITY OR ANY OTHER STATE ENTITY, ANY SCHOOL
DISTRICT OR ANY OTHER SPECIAL DISTRICT, OR ANY INSTRUMENTALITY OF THE
STATE OR A POLITICAL SUBDIVISION OF THE STATE, OR ANY OTHER PERSON,
PARTNERSHIP, CORPORATION OR ENTITY WHICH ENTERS INTO A PUBLIC OR PRIVATE
CONTRACT FOR DESIGN, CONSTRUCTION, RECONSTRUCTION, DEMOLITION, ALTER-
ATION, REPAIR OR IMPROVEMENT TO THE PROPERTY OF ANOTHER.
2. "DELAY" SHALL MEAN ANY DELAY, DISRUPTION, INTERFERENCE, INEFFICIEN-
CIES, IMPEDANCE, HINDRANCE AND ACCELERATION IN THE PERFORMANCE OF THE
CONTRACT WHICH CAUSES DAMAGES TO BE INCURRED BY A CONTRACTOR, SUBCON-
TRACTOR OR MATERIALMAN TO A CONTRACT AND WHICH IS A DIRECT RESULT OF THE
NEGLIGENCE, MALFEASANCE, MISFEASANCE OF THE PERSON OR ENTITY FOR WHOM
THE CONTRACTOR, SUBCONTRACTOR OR MATERIALMAN IS PROVIDING SERVICES AS
PROVIDED FOR IN THE CONTRACT, OR ANY DISRUPTION, INTERFERENCE, INEFFI-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.