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Sponsors
Senator · Senate District 61
No co-sponsors yet.
History
- Committed to rules
- Amended on third reading 5202b
- Advanced to third reading
- 2nd report cal.
- 1st report cal.800
- Print number 5202a
- Amend and recommit to finance
- Reported and committed to finance
- Referred to corporations, authorities and commissions
- Reported and committed to finance
- Referred to corporations, authorities and commissions
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to claims and actions against the New York city school construction authority arising out of contracts
In Senate Committee · Rules · Sponsor James F. Brennan
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S5202B
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 §3813, is much clearer than the vague accrual-of-c1aim 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
New bill.
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.