Bill Text: NY S06906 | 2015-2016 | General Assembly | Introduced

---

Bill Title: 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.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Vetoed) 2016-12-31 - VETOED MEMO.304 [S06906 Detail]

Download: New_York-2015-S06906-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          6906
                    IN SENATE
                                      March 4, 2016
                                       ___________
        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, the general  municipal  law,
          the  public  service  law  and  the  state finance law, in relation to
          notice provisions in public works contracts
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.    The  public  authorities law is amended by adding a new
     2  section 2882 to read as follows:
     3    § 2882. Notice provisions in public works contracts. 1.  For  purposes
     4  of this section, the following terms shall have the following meanings:
     5    (a) "Public owner" shall mean any state or local authority, as defined
     6  by section two of this chapter.
     7    (b)  "Contract"  shall  mean any contract made and awarded by a public
     8  owner for construction, reconstruction, demolition,  alteration,  repair
     9  or maintenance of any public work project.
    10    (c)  "Contractor"  shall  mean  any  person, firm, partnership, corpo-
    11  ration, association, company, sub-contractor, materialman secured  by  a
    12  contractor  or  a subcontractor, or other entity or combination thereof,
    13  which enters into a contract to provide services to a public owner.
    14    (d) "Materially prejudice" shall  mean  to  substantially  impair  the
    15  ability of the public owner to investigate or defend the claim, provided
    16  that the public owner's actual knowledge of the events in question shall
    17  preclude  a  claim  of  material  prejudice  due to lack of any required
    18  notice.
    19    2. Notwithstanding any other law to the contrary,  any  contract  made
    20  and awarded by a public owner for any public work project shall contain,
    21  or  be  presumed to contain, the following provision or a provision that
    22  is equally favorable to the contractor:
    23    The failure to give any notice required to be given by  such  contract
    24  within  the  time prescribed therein shall not invalidate any claim made
    25  by the contractor or any other claimant, unless the failure  to  provide
    26  timely notice has materially prejudiced the public owner.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14070-02-6