Provides that any contract change orders on a public work contract which exceeds the original contract or subcontract price shall be considered a new and separate project.
STATE OF NEW YORK
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S. 6787 A. 9873
SENATE - ASSEMBLY
February 5, 2010
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IN SENATE -- Introduced by Sen. BRESLIN -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Finance
IN ASSEMBLY -- Introduced by M. of A. CUSICK -- read once and referred
to the Committee on Governmental Operations
AN ACT to amend the state finance law and the general municipal law, in
relation to contract change orders
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 139-f of the state finance law is amended by adding
2 a new subdivision 5 to read as follows:
3 5. (a) If at any time during the construction period, the total cost
4 of all change orders, change directives and contract amendments shall
5 exceed the original contract or subcontract price, such excess project
6 work shall be considered a new and separate project subject to this
7 article.
8 (b) If at any time during the construction period, the total cost of
9 all unapproved change orders, change directives and contract amendments
10 exceeds ten percent of the original contract or subcontract, the
11 contractor or subcontractor, as the case may be, shall not be required
12 to commence or continue such work until the proposed changes or amend-
13 ments have been approved by the public owner.
14 § 2. Section 106-b of the general municipal law is amended by adding a
15 new subdivision 4 to read as follows:
16 4. (a) If at any time during the construction period, the total cost
17 of all change orders, change directives and contract amendments shall
18 exceed the original contract or subcontract price, such excess project
19 work shall be considered a new and separate project subject to this
20 article.
21 (b) If at any time during the construction period, the total cost of
22 all unapproved change orders, change directives and contract amendments
23 exceed ten percent of the original contract or subcontract, the contrac-
24 tor or subcontractor, as the case may be, shall not be required to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15251-02-0
S. 6787 2 A. 9873
1 commence or continue such work until the proposed changes or amendments
2 have been approved by the public owner.
3 § 3. This act shall take effect immediately and shall apply to all
4 contracts executed on and after the effective date of this act.
