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NY S02465
Bill
Status
6/13/2011
Primary Sponsor
Thomas Libous
Click for details
AI Summary
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Amends State Finance Law to require all public contracts for design, construction, reconstruction, demolition, alteration, repair or improvement of public works to include a clause allowing contractors to claim additional costs for delays caused by the public owner or its representatives.
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Establishes four qualifying causes for delay claims: failure to coordinate and progress work, extended delays in reviewing/issuing orders or shop drawing approvals, unavailability of the site for extended periods, or issuance of stop work orders for substantial portions of work exceeding 30 days.
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Requires contractors submitting delay claims to certify in writing under oath that supporting data is accurate and complete to their best knowledge and belief, and that the claimed amount reflects what they believe to be the public owner's actual liability.
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Applies to contracts made by the state, state agencies, public departments, municipal corporations, public benefit corporations, school districts, and commissions appointed by law.
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Takes effect 180 days after becoming law.
Legislative Description
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.
Last Action
COMMITTED TO RULES
6/21/2012