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NY S06906
Bill
Status
12/31/2016
Primary Sponsor
Michael Ranzenhofer
Click for details
AI Summary
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Amends Public Authorities Law by adding Section 2882 to establish notice provision requirements for public works contracts awarded by state or local authorities
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Requires all public works contracts for construction, reconstruction, demolition, alteration, repair, or maintenance to contain or be presumed to contain a provision protecting contractor claims from invalidation due to late notice
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Late notice shall not invalidate contractor or claimant claims unless the public owner demonstrates the failure to provide timely notice has materially prejudiced their ability to investigate or defend the claim
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Defines "materially prejudice" as substantially impairing the public owner's ability to investigate or defend, but excludes situations where the public owner has actual knowledge of the events in question
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Applies the notice protection provision equally to contractors, subcontractors, materialmen, and other entities providing services under public works contracts
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
VETOED MEMO.304
12/31/2016