New York S 4750: Prohibits the retention of any amount of payment due and owing for materials delivered and accepted for a public or private construction project

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
S04750 Summary:

BILL NOS04750 

&nbsp

SAME ASSAME AS A02212

&nbsp

SPONSORMARTINEZ

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §139-f, St Fin L; amd §106-b, Gen Muni L; amd §756-c, Gen Bus L

&nbsp

Prohibits the retention of any amount of payment due and owing for materials delivered and accepted for a public or private construction project.

Go to top S04750 Actions:

BILL NOS04750 

&nbsp

02/12/2025REFERRED TO PROCUREMENT AND CONTRACTS

05/28/2025REPORTED AND COMMITTED TO FINANCE

01/07/2026REFERRED TO PROCUREMENT AND CONTRACTS

05/05/2026REPORTED AND COMMITTED TO FINANCE

Go to topS04750 Committee&nbspVotes:

Go to topS04750 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS04750 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4750

 2025-2026 Regular Sessions

 IN SENATE

 February 12, 2025
 ___________

 Introduced by Sen. MARTINEZ -- read twice and ordered printed, and when
 printed to be committed to the Committee on Procurement and Contracts

 AN ACT to amend the state finance law and the general municipal law, in
 relation to requiring full payment for delivered and accepted materi-
 als pertaining to public work projects; and to amend the general busi-
 ness law, in relation to prohibiting the retention of any payment due
 and owing a material supplier for a construction project

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivisions 1 and 2 of section 139-f of the state finance
 2 law, subdivision 1 as amended by chapter 128 of the laws of 2021 and
 3 subdivision 2 as amended by section 16 of part MM of chapter 57 of the
 4 laws of 2008, are amended to read as follows:
 5 1. Payment by public owners to contractors. The contractor shall peri-
 6 odically, in accordance with the terms of the contract, submit to the
 7 public owner and/or [his] its agent a requisition for a progress payment
 8 for the work performed and/or materials furnished to the date of the
 9 requisition, less any amount previously paid to the contractor. The
 10 public owner shall in accordance with the terms of the contract approve
 11 and promptly pay the requisition for the progress payment less an amount
 12 necessary to satisfy any claims, liens or judgments against the contrac-
 13 tor which have not been suitably discharged and less any retained amount
 14 as hereafter described. The public owner shall retain not more than five
 15 per centum of each progress payment, not including any payment for mate-
 16 rials pertinent to the project which have been delivered, accepted and
 17 are covered by a manufacturer's warranty, and/or are graded to meet
 18 industry standards, to the contractor except that the public owner may
 19 retain in excess of five per centum but not more than ten per centum of
 20 each progress payment, not including any payment for materials pertinent
 21 to the project which have been delivered, accepted and are covered by a
 22 manufacturer's warranty, and/or are graded to meet industry standards,

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04003-01-5

 S. 4750 2

 1 to the contractor provided that there are no requirements by the public
 2 owner for the contractor to provide a performance bond and a labor and
 3 material bond both in the full amount of the contract. The public owner
 4 shall pay in full, upon requisition from the contractor, for all materi-
 5 als pertinent to the project which have been delivered to the site or
 6 off-site by the contractor and/or subcontractor and suitably stored and
 7 secured as required by the public owner and the contractor [provided,
 8 the public owner may limit such payment to materials in short and/or
 9 critical supply and materials specially fabricated for the project each
 10 as defined in the contract]. When the work or major portions thereof as
 11 contemplated by the terms of the contract are substantially completed,
 12 the contractor shall submit to the public owner and/or [his] its agent a
 13 requisition for payment of the remaining amount of the contract balance.
 14 Upon receipt of such requisition the public owner shall approve and
 15 promptly pay