Bill Text: NY S03414 | 2011-2012 | General Assembly | Amended

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Bill Title: Authorizes contractors or subcontractors to postpone commencing work until proposed changes exceeding 10% of the original contract have been approved by the public owner. [Track Bill]

Status: 2012-04-18 - referred to governmental operations [S03414 Detail]

Download: New_York-2011-S03414-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 3414--A                                            A. 5412--A
           Cal. No. 852
                              2011-2012 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                   February 18, 2011
                                      ___________
       IN SENATE -- Introduced by Sen. KLEIN -- read twice and ordered printed,
         and  when  printed  to  be  committed  to  the Committee on Finance --
         reported favorably from said committee, ordered to  first  and  second
         report,  ordered  to  a  third reading, amended and ordered reprinted,
         retaining its place in the order of third reading
       IN ASSEMBLY -- Introduced by M. of A. CUSICK,  ROBINSON  --  Multi-Spon-
         sored  by  --  M.  of  A.  P. RIVERA  -- read once and referred to the
         Committee on Governmental Operations  --  committee  discharged,  bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee
       AN ACT to amend the state finance law and the general municipal law,  in
         relation to contract change orders
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 139-f of the state finance law is amended by adding
    2  a new subdivision 5 to read as follows:
    3    5. IF AT ANY TIME DURING THE CONSTRUCTION PERIOD, THE  TOTAL  COST  OF
    4  ALL  UNAPPROVED CHANGE ORDERS, CHANGE DIRECTIVES AND CONTRACT AMENDMENTS
    5  EXCEED TEN PERCENT OF THE ORIGINAL CONTRACT OR SUBCONTRACT, THE CONTRAC-
    6  TOR IN THE CASE OF THE ORIGINAL CONTRACT OR SUBCONTRACT, OR  SUBCONTRAC-
    7  TOR IN THE CASE OF THE SUBCONTRACT, SHALL NOT BE REQUIRED TO COMMENCE OR
    8  CONTINUE  SUCH  WORK  UNTIL THE PROPOSED CHANGES OR AMENDMENTS HAVE BEEN
    9  APPROVED BY THE PUBLIC OWNER.
   10    S 2. Section 106-b of the general municipal law is amended by adding a
   11  new subdivision 4 to read as follows:
   12    4. IF AT ANY TIME DURING THE CONSTRUCTION PERIOD, THE  TOTAL  COST  OF
   13  ALL  UNAPPROVED CHANGE ORDERS, CHANGE DIRECTIVES AND CONTRACT AMENDMENTS
   14  EXCEED TEN PERCENT OF THE ORIGINAL CONTRACT OR SUBCONTRACT, THE CONTRAC-
   15  TOR IN THE CASE OF THE ORIGINAL CONTRACT OR SUBCONTRACT, OR  SUBCONTRAC-
   16  TOR IN THE CASE OF THE SUBCONTRACT, SHALL NOT BE REQUIRED TO COMMENCE OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00003-02-1
       S. 3414--A                          2                         A. 5412--A
    1  CONTINUE  SUCH  WORK  UNTIL THE PROPOSED CHANGES OR AMENDMENTS HAVE BEEN
    2  APPROVED BY THE PUBLIC OWNER.
    3    S  3.  This  act  shall take effect immediately and shall apply to all
    4  contracts executed on and after such date.