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NY S02924

Bill

Status

Engrossed

6/18/2015

Primary Sponsor

John DeFrancisco

Click for details

Origin

Senate

2015-2016 General Assembly

AI Summary

  • Requires public owners or contractors to release retainage held for subcontractor work within 60 days of completion and acceptance by the public owner, except for amounts needed to satisfy claims, liens, judgments, or unfinished punch list items.

  • Maintains existing requirement that contractors pay subcontractors within seven calendar days of receiving payment from the public owner, with interest accruing at the rate established in General Business Law section 756-b if payment is delayed.

  • Limits contractor retainage to five percent of each payment to subcontractors and materialmen, or up to ten percent if the subcontractor cannot provide performance and labor/material bonds.

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

  • Takes effect immediately and applies to all contracts entered into on or after the 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

referred to governmental operations

6/15/2016

Committee Referrals

Governmental Operations6/15/2016
Rules6/7/2016
Finance1/6/2016
Governmental Operations6/18/2015
Finance1/30/2015

Full Bill Text

No bill text available