Bill Text: NY A04699 | 2011-2012 | General Assembly | Introduced

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Bill Title: Requires public contracts to include clauses authorizing contractors to recover damages for delay which are caused by acts or omissions by the public owner, as otherwise permitted by law, and requires the contractor, when submitting a claim, to certify that the supporting data is accurate to the best of his or her knowledge and the amount of the claim he or she believes to be the public owner's liability.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2012-01-04 - referred to governmental operations [A04699 Detail]

Download: New_York-2011-A04699-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4699
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 7, 2011
                                      ___________
       Introduced by M. of A. V. LOPEZ -- read once and referred to the Commit-
         tee on Governmental Operations
       AN  ACT to amend the state finance law, in relation to damages for delay
         clauses in public contracts
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  state finance law is amended by adding a new section
    2  138-b to read as follows:
    3    S 138-B. DAMAGES FOR DELAY IN PUBLIC CONTRACTS.   1.    ALL  CONTRACTS
    4  MADE  AND  AWARDED  BY  THE  STATE, ANY STATE AGENCY, PUBLIC DEPARTMENT,
    5  MUNICIPAL CORPORATION, PUBLIC BENEFIT CORPORATION, SCHOOL DISTRICT OR  A
    6  COMMISSION  APPOINTED  PURSUANT  TO LAW (HEREINAFTER REFERRED TO IN THIS
    7  SECTION AS A "PUBLIC OWNER") FOR DESIGN,  CONSTRUCTION,  RECONSTRUCTION,
    8  DEMOLITION,  ALTERATION, REPAIR OR IMPROVEMENT OF ANY PUBLIC WORKS SHALL
    9  CONTAIN A CLAUSE WHICH ALLOWS A CONTRACTOR TO MAKE CLAIM FOR  ADDITIONAL
   10  COSTS FROM CAUSES LISTED BELOW, ATTRIBUTABLE TO DELAY IN THE PERFORMANCE
   11  OF THIS CONTRACT, OCCASIONED BY ANY ACT OR OMISSION TO ACT BY THE PUBLIC
   12  OWNER OR ANY OF ITS REPRESENTATIVES.
   13    (A)  THE  FAILURE  OF  THE PUBLIC OWNER TO TAKE REASONABLE MEASURES TO
   14  COORDINATE AND PROGRESS THE WORK.
   15    (B) EXTENDED DELAYS ATTRIBUTABLE TO THE PUBLIC OWNER IN THE REVIEW  OR
   16  ISSUANCE  OF ORDERS-ON-CONTRACT OR FIELD ORDERS, IN SHOP DRAWING REVIEWS
   17  OR APPROVALS OR AS A RESULT OF THE CUMULATIVE IMPACT OF MULTIPLE  ORDERS
   18  ON  CONTRACT,  WHICH CONSTITUTE A QUALITATIVE CHANGE TO THE PROJECT WORK
   19  AND WHICH HAVE A VERIFIABLE IMPACT ON PROJECT COSTS.
   20    (C) THE UNAVAILABILITY OF THE SITE FOR SUCH AN EXTENDED PERIOD OF TIME
   21  WHICH SIGNIFICANTLY AFFECTS THE SCHEDULED COMPLETION OF THE CONTRACT.
   22    (D) THE ISSUANCE BY THE PUBLIC OWNER OF A STOP WORK ORDER RELATIVE  TO
   23  A SUBSTANTIAL PORTION OF WORK FOR A PERIOD EXCEEDING THIRTY DAYS.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07298-01-1
       A. 4699                             2
    1    2.  WHEN  SUBMITTING  ANY  SUCH  CLAIM  AGAINST  THE PUBLIC OWNER, THE
    2  CONTRACTOR, FOR ITSELF AND/OR ON BEHALF OF ANY CLAIMING SUBCONTRACTOR OR
    3  MATERIALMAN, SHALL CERTIFY IN WRITING AND UNDER OATH:
    4    (A)  THAT THE SUPPORTING DATA IS ACCURATE AND COMPLETE TO THE CONTRAC-
    5  TOR'S BEST KNOWLEDGE OR BELIEF, AND THAT OF ANY  CLAIMING  SUBCONTRACTOR
    6  OR MATERIALMAN; AND
    7    (B)  THAT THE AMOUNT OF THE CLAIM ITSELF REFLECTS WHAT THE CONTRACTOR,
    8  SUBCONTRACTOR AND/OR MATERIALMAN IN GOOD FAITH BELIEVE TO BE THE  PUBLIC
    9  OWNER'S LIABILITY.
   10    S 2. This act shall take effect on the one hundred eightieth day after
   11  it shall have become a law.