S T A T E O F N E W Y O R K ________________________________________________________________________ S. 6787 A. 9873 S E N A T E - A S S E M B L Y February 5, 2010 ___________ IN SENATE -- Introduced by Sen. BRESLIN -- read twice and ordered print- ed, and when printed to be committed to the Committee on Finance IN ASSEMBLY -- Introduced by M. of A. CUSICK -- read once and referred to the Committee on Governmental Operations 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. (A) IF AT ANY TIME DURING THE CONSTRUCTION PERIOD, THE TOTAL COST 4 OF ALL CHANGE ORDERS, CHANGE DIRECTIVES AND CONTRACT AMENDMENTS SHALL 5 EXCEED THE ORIGINAL CONTRACT OR SUBCONTRACT PRICE, SUCH EXCESS PROJECT 6 WORK SHALL BE CONSIDERED A NEW AND SEPARATE PROJECT SUBJECT TO THIS 7 ARTICLE. 8 (B) IF AT ANY TIME DURING THE CONSTRUCTION PERIOD, THE TOTAL COST OF 9 ALL UNAPPROVED CHANGE ORDERS, CHANGE DIRECTIVES AND CONTRACT AMENDMENTS 10 EXCEEDS TEN PERCENT OF THE ORIGINAL CONTRACT OR SUBCONTRACT, THE 11 CONTRACTOR OR SUBCONTRACTOR, AS THE CASE MAY BE, SHALL NOT BE REQUIRED 12 TO COMMENCE OR CONTINUE SUCH WORK UNTIL THE PROPOSED CHANGES OR AMEND- 13 MENTS HAVE BEEN APPROVED BY THE PUBLIC OWNER. 14 S 2. Section 106-b of the general municipal law is amended by adding a 15 new subdivision 4 to read as follows: 16 4. (A) IF AT ANY TIME DURING THE CONSTRUCTION PERIOD, THE TOTAL COST 17 OF ALL CHANGE ORDERS, CHANGE DIRECTIVES AND CONTRACT AMENDMENTS SHALL 18 EXCEED THE ORIGINAL CONTRACT OR SUBCONTRACT PRICE, SUCH EXCESS PROJECT 19 WORK SHALL BE CONSIDERED A NEW AND SEPARATE PROJECT SUBJECT TO THIS 20 ARTICLE. 21 (B) IF AT ANY TIME DURING THE CONSTRUCTION PERIOD, THE TOTAL COST OF 22 ALL UNAPPROVED CHANGE ORDERS, CHANGE DIRECTIVES AND CONTRACT AMENDMENTS 23 EXCEED TEN PERCENT OF THE ORIGINAL CONTRACT OR SUBCONTRACT, THE CONTRAC- 24 TOR OR SUBCONTRACTOR, AS THE CASE MAY BE, SHALL NOT BE REQUIRED TO EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15251-02-0 S. 6787 2 A. 9873 1 COMMENCE OR CONTINUE SUCH WORK UNTIL THE PROPOSED CHANGES OR AMENDMENTS 2 HAVE BEEN 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 the effective date of this act.