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S3414Senate2011-2012 SessionSame asA5412

Authorizes contractors or subcontractors to postpone commencing work until proposed changes exceeding 10% of the original contract are approved by the public owner

Sponsor Jeffrey D. KleinSD-34Affects Finance
Status
In Assembly Committee
Governmental Operations
Impact
Pending
Passage
Pending

Bill progress

Step 5 of 7

In Assembly · Governmental Operations

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Who cares

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Sponsors

Primary sponsor
Jeffrey D. Klein

Senator · Senate District 34

Chair, Alcoholism And Drug Abuse

No co-sponsors yet.

History

  1. Referred to governmental operations
  2. Delivered to assembly
  3. Passed senateVote 48–10
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.386
  7. Referred to finance
  8. Returned to senate
  9. Died in assembly
  10. Referred to governmental operations
  11. Delivered to assembly
  12. Passed senateVote 54–8
Show 5 earlier actions
  1. Amended on third reading 3414a
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.852
  5. Referred to finance

Companion bill

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S3414A

Title of bill

An act to amend the state finance law and the general municipal law, in relation to contract change orders

Purpose or general idea of bill

This bill adds a new subdivision 5 to section 139-f of the state finance law and a new subsection 4 to section 106-b of the general municipal law to provide that when unapproved change orders exceed 10% of the original contract, the contractor or subcontractor shall not be required to proceed with such change order work until it is approved by the owner.

Summary of specific provisions

A new subdivision 5 of Section 139-f of the state finance law provides if at any time during the construction period, the total cost of all unapproved change orders, change directives and contract amendments exceed ten (10%) percent of the original contract or subcontract, the contractor or subcontractor, as the case may be, shall not be required to commence or continue such work until the proposed changes or amendments have been approved by the public owner.

A new subdivision 4 of the general municipal law provides if at any time during the construction period, the total cost of all unapproved change orders, change directives and contract amendments exceed ten (10%) percent of the original contract or subcontract, the contractor or subcontractor, as the case may be, shall not be required to commence or continue such work until the proposed changes or amendments have been approved by the public owner.

Justification

Contractors who are compelled to continue work on change orders while other change orders completed or being worked on have yet to be approved are placed at a disadvantage and risk of no-payment. This bill addresses this issue.

The State of Connecticut enacted similar legislation in 2009.

Prior legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately and shall apply to all contracts executed on and after the date of this act.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.