Bill Text: NY S04271 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to notice provisions in public works contracts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS [S04271 Detail]
Download: New_York-2019-S04271-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4271 2019-2020 Regular Sessions IN SENATE March 6, 2019 ___________ Introduced by Sen. RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Author- ities and Commissions AN ACT to amend the public authorities law, the general municipal law, the public service law and the state finance law, in relation to notice provisions in public works contracts The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public authorities law is amended by adding a new 2 section 2882 to read as follows: 3 § 2882. Notice provisions in public works contracts. 1. For purposes 4 of this section, the following terms shall have the following meanings: 5 (a) "Public owner" shall mean any state or local authority, as defined 6 by section two of this chapter. 7 (b) "Contract" shall mean any contract made and awarded by a public 8 owner for construction, reconstruction, demolition, alteration, repair 9 or maintenance of any public work project. 10 (c) "Contractor" shall mean any person, firm, partnership, corpo- 11 ration, association, company, sub-contractor, materialman secured by a 12 contractor or a subcontractor, or other entity or combination thereof, 13 which enters into a contract to provide services to a public owner. 14 (d) "Materially prejudice" shall mean to substantially impair the 15 ability of the public owner to investigate or defend the claim, provided 16 that the public owner's actual knowledge of the events in question shall 17 preclude a claim of material prejudice due to lack of any required 18 notice. 19 2. Notwithstanding any other law to the contrary, any contract made 20 and awarded by a public owner for any public work project shall contain, 21 or be presumed to contain, the following provision or a provision that 22 is equally favorable to the contractor: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10310-01-9S. 4271 2 1 The failure to give any notice required to be given by such contract 2 within the time prescribed therein shall not invalidate any claim made 3 by the contractor or any other claimant, unless the failure to provide 4 timely notice has materially prejudiced the public owner. 5 3. In any action in which a public owner alleges that it was mate- 6 rially prejudiced as a result of a failure to provide timely notice, the 7 burden of proof shall be on: 8 (a) the public owner to prove that it has been prejudiced, if the 9 notice was provided within one hundred eighty days of the time required 10 under the contract; or 11 (b) the contractor or any other claimant, to prove that the public 12 owner has not been prejudiced, if the notice was provided more than one 13 hundred eighty days after the time required under the contract. 14 § 2. The general municipal law is amended by adding a new section 15 109-e to read as follows: 16 § 109-e. Notice provisions in public works contracts. 1. For purposes 17 of this section, the following terms shall have the following meanings: 18 (a) "Public owner" shall mean any political subdivision, municipal 19 corporation, school district, district corporation or board of cooper- 20 ative educational services. 21 (b) "Contract" shall mean any contract made and awarded by a public 22 owner for construction, reconstruction, demolition, alteration, repair 23 or maintenance of any public work project. 24 (c) "Contractor" shall mean any person, firm, partnership, corpo- 25 ration, association, company, sub-contractor, materialman secured by a 26 contractor or a subcontractor, or other entity or combination thereof, 27 which enters into a contract to provide services to a public owner. 28 (d) "Materially prejudice" shall mean to substantially impair the 29 ability of the public owner to investigate or defend the claim, provided 30 that the public owner's actual knowledge of the events in question shall 31 preclude a claim of material prejudice due to lack of any required 32 notice. 33 2. Notwithstanding any other law to the contrary, any contract made 34 and awarded by a public owner for any public work project shall contain, 35 or be presumed to contain, the following provision or a provision that 36 is equally favorable to the contractor: 37 The failure to give any notice required to be given by such contract 38 within the time prescribed therein shall not invalidate any claim made 39 by the contractor or any other claimant, unless the failure to provide 40 timely notice has materially prejudiced the public owner. 41 3. In any action in which a public owner alleges that it was mate- 42 rially prejudiced as a result of a failure to provide timely notice, the 43 burden of proof shall be on: 44 (a) the public owner to prove that it has been prejudiced, if the 45 notice was provided within one hundred eighty days of the time required 46 under the contract; or 47 (b) the contractor or any other claimant, to prove that the public 48 owner has not been prejudiced, if the notice was provided more than one 49 hundred eighty days after the time required under the contract. 50 § 3. The public service law is amended by adding a new section 28 to 51 read as follows: 52 § 28. Notice provisions in public works contracts. 1. For purposes of 53 this section, the following terms shall have the following meanings: 54 (a) "Public owner" shall mean the state, or any state agency, public 55 department, public corporation, board, bureau, or subdivision thereof,S. 4271 3 1 any public benefit corporation, or a commission appointed pursuant to 2 law. 3 (b) "Contract" shall mean any contract made and awarded by a public 4 owner for construction, reconstruction, demolition, alteration, repair 5 or maintenance of any public work project. 6 (c) "Contractor" shall mean any person, firm, partnership, corpo- 7 ration, association, company, sub-contractor, materialman secured by a 8 contractor or a subcontractor, or other entity or combination thereof, 9 which enters into a contract to provide services to a public owner. 10 (d) "Materially prejudice" shall mean to substantially impair the 11 ability of the public owner to investigate or defend the claim, provided 12 that the public owner's actual knowledge of the events in question shall 13 preclude a claim of material prejudice due to lack of any required 14 notice. 15 2. Notwithstanding any other law to the contrary, any contract made 16 and awarded by a public owner for any public work project shall contain, 17 or be presumed to contain, the following provision or a provision that 18 is equally favorable to the contractor: 19 The failure to give any notice required to be given by such contract 20 within the time prescribed therein shall not invalidate any claim made 21 by the contractor or any other claimant, unless the failure to provide 22 timely notice has materially prejudiced the public owner. 23 3. In any action in which a public owner alleges that it was mate- 24 rially prejudiced as a result of a failure to provide timely notice, the 25 burden of proof shall be on: 26 (a) the public owner to prove that it has been prejudiced, if the 27 notice was provided within one hundred eighty days of the time required 28 under the contract; or 29 (b) the contractor or any other claimant, to prove that the public 30 owner has not been prejudiced, if the notice was provided more than one 31 hundred eighty days after the time required under the contract. 32 § 4. The state finance law is amended by adding a new section 179-ff 33 to read as follows: 34 § 179-ff. Notice provisions in public works contracts. 1. For purposes 35 of this section, the following terms shall have the following meanings: 36 (a) "Public owner" shall mean the state, or any state agency, public 37 department, public corporation, board, bureau, or subdivision thereof or 38 any political subdivision, municipal corporation, public benefit corpo- 39 ration, public authority, school district or a commission appointed 40 pursuant to law. 41 (b) "Contract" shall mean any contract made and awarded by a public 42 owner for construction, reconstruction, demolition, alteration, repair 43 or maintenance of any public work project. 44 (c) "Contractor" shall mean any person, firm, partnership, corpo- 45 ration, association, company, sub-contractor, materialman secured by a 46 contractor or a subcontractor, or other entity or combination thereof, 47 which enters into a contract to provide services to a public owner. 48 (d) "Materially prejudice" shall mean to substantially impair the 49 ability of the public owner to investigate or defend the claim, provided 50 that the public owner's actual knowledge of the events in question shall 51 preclude a claim of material prejudice due to lack of any required 52 notice. 53 2. Notwithstanding any other law to the contrary, any contract made 54 and awarded by a public owner for any public work project shall contain, 55 or be presumed to contain, the following provision or a provision that 56 is equally favorable to the contractor:S. 4271 4 1 The failure to give any notice required to be given by such contract 2 within the time prescribed therein shall not invalidate any claim made 3 by the contractor or any other claimant, unless the failure to provide 4 timely notice has materially prejudiced the public owner. 5 3. In any action in which a public owner alleges that it was mate- 6 rially prejudiced as a result of a failure to provide timely notice, the 7 burden of proof shall be on: 8 (a) the public owner to prove that it has been prejudiced, if the 9 notice was provided within one hundred eighty days of the time required 10 under the contract; or 11 (b) the contractor or any other claimant, to prove that the public 12 owner has not been prejudiced, if the notice was provided more than one 13 hundred eighty days after the time required under the contract. 14 § 5. This act shall take effect on the one hundred eightieth day after 15 it shall have become a law, and shall apply to all contracts entered 16 into on and after such date.