Bill Text: NY S05202 | 2011-2012 | General Assembly | Introduced

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Bill Title: Relates to claims and actions against the New York city school construction authority arising out of contracts; provides accrual of claims shall be deemed to have occurred as of the date payment for the amount claimed was denied.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-06-21 - COMMITTED TO RULES [S05202 Detail]

Download: New_York-2011-S05202-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5202
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                      May 3, 2011
                                      ___________
       Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
         when printed to be committed to the Committee on Corporations, Author-
         ities and Commissions
       AN ACT to amend the public authorities law, in relation  to  claims  and
         actions  against the New York city school construction authority aris-
         ing out of contracts
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  2  of section 1744 of the public authorities
    2  law, as added by chapter 738 of the laws of 1988, is amended to read  as
    3  follows:
    4    2.  No action or proceeding for any cause whatever, other than the one
    5  for personal injury, death, property damage  or  tort,  which  shall  be
    6  governed  by  subdivision  one  of this section, relating to the design,
    7  construction,  reconstruction,  improvement,   rehabilitation,   repair,
    8  furnishing  or  equipping of educational facilities, shall be prosecuted
    9  or maintained against the authority or any member,  officer,  agent,  or
   10  employee  thereof, unless (i) it shall appear by and as an allegation in
   11  the complaint or moving  papers,  that  a  detailed,  written,  verified
   12  notice of each claim upon which any part of such action or proceeding is
   13  founded was presented to the board within three months after the accrual
   14  of  such claim, that at least thirty days have elapsed since such notice
   15  was so presented and that the authority or the officer  or  body  having
   16  the  power  to adjust or pay said claim has neglected or refused to make
   17  an adjustment or payment thereof, and  (ii)  the  action  or  proceeding
   18  shall  have  been  commenced  within one year after the happening of the
   19  event upon which the claim is based;  provided,  however,  that  nothing
   20  contained in this subdivision shall be deemed to modify or supersede any
   21  provision  of  law  or  contract  specifying a shorter period of time in
   22  which to commence such action or proceeding,  or  to  excuse  compliance
   23  with  any other conditions required by contract to be satisfied prior to
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10326-01-1
       S. 5202                             2
    1  the commencement of such action or proceeding.  IN THE CASE OF AN ACTION
    2  OR SPECIAL PROCEEDING FOR MONIES DUE ARISING OUT OF CONTRACT, ACCRUAL OF
    3  SUCH CLAIM SHALL BE DEEMED TO HAVE OCCURRED AS OF THE  DAY  PAYMENT  FOR
    4  THE AMOUNT CLAIMED WAS DENIED.
    5    S  2.  This  act  shall take effect immediately and shall apply to any
    6  contracts entered into or amended on and after January 1, 2006.