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NY A10136
Bill
Status
5/12/2016
Primary Sponsor
Michael Cusick
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AI Summary
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Requires all public works contracts made by state and local authorities to include a provision that late notice does not invalidate contractor claims unless the public owner is materially prejudiced.
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Defines "materially prejudice" as substantially impairing the public owner's ability to investigate or defend a claim, with the exception that actual knowledge of events precludes a material prejudice claim.
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Places burden of proof on the public owner to prove prejudice if notice is provided within 180 days of the required deadline; shifts burden to the contractor if notice is provided more than 180 days late.
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Applies the same notice provisions across state authorities, municipalities, school districts, public benefit corporations, and public authorities through amendments to four separate state laws.
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Takes effect 180 days after becoming law and applies to all contracts entered into on or after that date.
Legislative Description
Relates to notice provisions in public works contracts; requires any contract made and awarded by a public owner for any public work project to contain, or be presumed to contain, the following: "The failure to give any notice required to be given by such contract within the time prescribed therein shall not invalidate any claim made by the contractor or any other claimant, unless the failure to provide timely notice has materially prejudiced the public owner"; requires a showing of material prejudice.
Last Action
substituted by s6906
6/17/2016