Requires public contracts to include clauses authorizing contractors to recover damages for delay which are caused by acts or omissions by the public owner, as otherwise permitted by law, and requires the contractor, when submitting a claim, to certify that the supporting data is accurate to the best of his or her knowledge and the amount of the claim he or she believes to be the public owner's liability.
STATE OF NEW YORK
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2224
2013-2014 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2013
___________
Introduced by M. of A. V. LOPEZ -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the state finance law, in relation to damages for delay
clauses in public contracts
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The state finance law is amended by adding a new section
2 138-b to read as follows:
3 § 138-b. Damages for delay in public contracts. 1. All contracts
4 made and awarded by the state, any state agency, public department,
5 municipal corporation, public benefit corporation, school district or a
6 commission appointed pursuant to law (hereinafter referred to in this
7 section as a "public owner") for design, construction, reconstruction,
8 demolition, alteration, repair or improvement of any public works shall
9 contain a clause which allows a contractor to make claim for additional
10 costs from causes listed below, attributable to delay in the performance
11 of this contract, occasioned by any act or omission to act by the public
12 owner or any of its representatives.
13 (a) The failure of the public owner to take reasonable measures to
14 coordinate and progress the work.
15 (b) Extended delays attributable to the public owner in the review or
16 issuance of orders-on-contract or field orders, in shop drawing reviews
17 or approvals or as a result of the cumulative impact of multiple orders
18 on contract, which constitute a qualitative change to the project work
19 and which have a verifiable impact on project costs.
20 (c) The unavailability of the site for such an extended period of time
21 which significantly affects the scheduled completion of the contract.
22 (d) The issuance by the public owner of a stop work order relative to
23 a substantial portion of work for a period exceeding thirty days.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04726-01-3
A. 2224 2
1 2. When submitting any such claim against the public owner, the
2 contractor, for itself and/or on behalf of any claiming subcontractor or
3 materialman, shall certify in writing and under oath:
4 (a) that the supporting data is accurate and complete to the contrac-
5 tor's best knowledge or belief, and that of any claiming subcontractor
6 or materialman; and
7 (b) that the amount of the claim itself reflects what the contractor,
8 subcontractor and/or materialman in good faith believe to be the public
9 owner's liability.
10 § 2. This act shall take effect on the one hundred eightieth day after
11 it shall have become a law.
