Loading chat...

NY S03181

Bill

Status

Engrossed

6/22/2011

Primary Sponsor

John DeFrancisco

Click for details

Origin

Senate

2011-2012 General Assembly

AI Summary

  • Requires public owners or contractors to release retainage held for subcontractors' work within 60 days of completion and acceptance of the subcontractor's work, with exceptions for outstanding claims, liens, judgments, or unfinished punch list items.

  • Contractors must pay subcontractors within seven calendar days of receiving payment from the public owner, with interest accruing at the rate established under General Business Law section 756-b if payment is delayed beyond the seven-day period.

  • Limits contractor retainage to five percent of each subcontractor/materialman payment, except up to ten percent may be retained if the subcontractor cannot or will not provide performance and labor/material bonds.

  • Invalidates any subcontract clause making subcontractor payment contingent upon the public owner paying the contractor, if the contractor fails to submit a requisition for the remaining contract balance within 90 days of substantial completion.

  • Applies to all contracts entered into on or after the bill's effective date.

Legislative Description

Provides for release of subcontractor's retainage held by a public owner or contractor sixty days after substantial completion of work.

Last Action

COMMITTED TO RULES

6/21/2012

Committee Referrals

Rules6/21/2012
Finance1/4/2012
Governmental Operations6/22/2011
Finance2/10/2011

Full Bill Text

No bill text available