Bill Text: NY A07768 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to claims and actions against the New York city school construction authority arising out of contracts; provides accrual of claims shall be deemed to have occurred as of the date payment for the amount claimed was denied.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2012-06-20 - REFERRED TO RULES [A07768 Detail]

Download: New_York-2011-A07768-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7768--B
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 16, 2011
                                      ___________
       Introduced  by  M.  of  A.  BRENNAN  --  Multi-Sponsored  by -- M. of A.
         P. RIVERA -- read once and referred to the Committee on  Corporations,
         Authorities  and Commissions -- recommitted to the Committee on Corpo-
         rations, Authorities and Commissions in accordance with Assembly  Rule
         3,  sec. 2 -- committee discharged, bill amended, ordered reprinted as
         amended and recommitted to said committee -- reported and referred  to
         the Committee on Ways and Means -- committee discharged, bill amended,
         ordered reprinted as amended and recommitted to said committee
       AN  ACT  to  amend the public authorities law, in relation to claims and
         actions against the New York city school construction authority  aris-
         ing out of contracts
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 2 of section 1744  of  the  public  authorities
    2  law,  as added by chapter 738 of the laws of 1988, is amended to read as
    3  follows:
    4    2. No action or proceeding for any cause whatever, other than the  one
    5  for  personal  injury,  death,  property  damage or tort, which shall be
    6  governed by subdivision one of this section,  relating  to  the  design,
    7  construction,   reconstruction,   improvement,  rehabilitation,  repair,
    8  furnishing or equipping of educational facilities, shall  be  prosecuted
    9  or  maintained  against  the authority or any member, officer, agent, or
   10  employee thereof, unless (i) it shall appear by and as an allegation  in
   11  the  complaint  or  moving  papers,  that  a detailed, written, verified
   12  notice of each claim upon which any part of such action or proceeding is
   13  founded was presented to the board within three months after the accrual
   14  of such claim, that at least thirty days have elapsed since such  notice
   15  was  so  presented  and that the authority or the officer or body having
   16  the power to adjust or pay said claim has neglected or refused  to  make
   17  an  adjustment  or  payment  thereof,  and (ii) the action or proceeding
   18  shall have been commenced within one year after  the  happening  of  the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10326-04-2
       A. 7768--B                          2
    1  event  upon  which  the  claim is based; provided, however, that nothing
    2  contained in this subdivision shall be deemed to modify or supersede any
    3  provision of law or contract specifying a  shorter  period  of  time  in
    4  which  to  commence  such  action or proceeding, or to excuse compliance
    5  with any other conditions required by contract to be satisfied prior  to
    6  the commencement of such action or proceeding.  IN THE CASE OF AN ACTION
    7  OR SPECIAL PROCEEDING FOR MONIES DUE ARISING OUT OF CONTRACT, ACCRUAL OF
    8  SUCH  CLAIM  SHALL  BE DEEMED TO HAVE OCCURRED AS OF THE DAY PAYMENT FOR
    9  THE AMOUNT CLAIMED WAS DENIED BY WRITTEN NOTICE  DELIVERED  BY  PERSONAL
   10  SERVICE, CERTIFIED MAIL OR AS OTHERWISE PROVIDED BY CONTRACT.
   11    S 2. This act shall take effect immediately.