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A05443 Summary:

BILL NO    A05443 

SAME AS    SAME AS S03551

SPONSOR    Brennan

COSPNSR    Mosley

MLTSPNSR   

Amd S1744, Pub Auth L

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.
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A05443 Actions:

BILL NO    A05443 

02/27/2013 referred to corporations, authorities and commissions
04/23/2013 reported referred to codes
04/30/2013 reported referred to ways and means
05/30/2013 reported 
05/31/2013 advanced to third reading cal.468
06/11/2013 passed assembly
06/11/2013 delivered to senate
06/11/2013 REFERRED TO FINANCE
06/21/2013 SUBSTITUTED FOR S3551
06/21/2013 3RD READING CAL.557
06/21/2013 PASSED SENATE
06/21/2013 RETURNED TO ASSEMBLY
12/06/2013 delivered to governor
12/18/2013 vetoed memo.261
12/18/2013 tabled
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A05443 Votes:

A05443 06/11/2013 137/3
AbbateYColtonYGarbariYKearnsYMillmanYRiveraERStevensAB
AbinantYCookYGibsonYKellnerERMontesaYRobertsYStirpeY
ArroyoYCorwinYGiglioYKimYMorelleYRobinsoYSweeneyY
AubryYCrespoYGjonajYKolbYMosleyYRodriguERTediscoY
BarclayYCrouchNOGlickYLalorYMoyaYRosaYTenneyY
BarrettYCurranYGoldfedYLavineYNojayYRosenthYThieleY
BarronYCusickYGoodellYLentolYNolanYRozicYTitoneY
BenedetYCymbrowYGottfriYLiftonYOaksYRussellYTitusY
BlankenYDenDekkYGrafYLopezYO'DonneYRyanYWalterY
BorelliYDinowitYGuntherYLupardoYOrtizYSaladinYWeinsteY
BoylandYDiPietrYHawleyYLupinacYOtisYSantabaYWeisenbY
BraunstYDupreyYHeastieYMageeYPalmesaERScarborYWeprinY
BrennanYEnglebrYHennessYMagnareYPaulinYSchimelYWrightY
BrindisYEspinalYHevesiYMaiselYPeoplesYSchimmiYZebrowsY
BronsonYFahyYHikindYMalliotNOPerryYSepulveYMr SpkrY
Brook-KYFarrellYHooperERMarkeyYPretlowYSimanowY
BuchwalYFinchYJacobsYMayerYQuartYSimotasY
ButlerYFitzpatNOJaffeeYMcDonalYRaYSkartadY
CahillYFriendYJohnsYMcDonouYRabbittYSkoufisY
CamaraYGabryszYJordanYMcKevitERRaiaYSolagesY
CerettoYGalefYKatzYMcLaughYRamosYStecY
ClarkYGanttYKavanagYMillerYReilichYSteckY

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A05443 Memo:

BILL NUMBER:A5443

TITLE OF BILL:  An act to amend the public authorities law, in
relation to claims and actions against the New York city school
construction authority arising out of contracts

PURPOSE OR GENERAL IDEA OF BILL: To bring section 1744 of the Public
Authorities Law into conformance with Education Law with regard to
claims for contracts.

SUMMARY OF SPECIFIC PROVISIONS: Section 1- amends subdivision two of
section 1744 of the Public Authorities Law to add an additional
sentence that provides in the case of an action or special proceeding
for monies due arising out of contract, accrual of such claim shall be
deemed to have occurred as of the day payment for the amount claimed
was denied by written notice.

Section 2 - provides that this act shall take effect immediately. The
"b" amendment provides that this is prospective only.

JUSTIFICATION: Because of the volume of work being done by the New
York City School. Construction Authority, and the numerous change
orders that have occurred and continue to occur, review of changes is
often delayed beyond the ninety days within which a claim must be
presented. Under present law, a notice of claim to preserve
contractors' rights to pursue an action (if the claim is eventually
denied) must be served before a contractor even knows if there will be
a dispute. The limited technical amendment implemented by this bill
would not only avoid the burden of unnecessary notices of claims, but
will allow for a much clearer, understandable trigger as to when the
ninety days to file a notice of claim, or the one year to commence an
action on the claim, begins to run. The denial -of-a-claim starting
point, utilized in the amended Education Law S 3813, is much clearer
than the vague accrual-of-claim starting point currently in the Public
Authorities Law. This change will bring the time of accrual into
conformance with the Education Law provisions applicable to all other
school districts statewide, will prevent the unintentional and unfair
waiver of claims, and will reduce paperwork for both the Authority and
its contractors.

PRIOR LEGISLATIVE HISTORY:

A7768B of 2012- Passed Assembly.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.
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A05443 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         5443

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   February 27, 2013
                                      ___________

       Introduced  by M. of A. BRENNAN -- read once and referred to the Commit-
         tee on Corporations, Authorities 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
   24  the commencement of such action or proceeding.  IN THE CASE OF AN ACTION

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05243-01-3
       A. 5443                             2

    1  OR SPECIAL PROCEEDING FOR MONIES DUE ARISING OUT OF CONTRACT, ACCRUAL OF
    2  SUCH CLAIM SHALL BE DEEMED TO HAVE OCCURRED AS OF THE  DAY  PAYMENT  FOR
    3  THE  AMOUNT  CLAIMED  WAS DENIED BY WRITTEN NOTICE DELIVERED BY PERSONAL
    4  SERVICE, CERTIFIED MAIL OR AS OTHERWISE PROVIDED BY CONTRACT.
    5    S 2. This act shall take effect immediately.
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