New York S 2254: Authorizes the enactment of zoning to regulate formula retail uses

Bill Text

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S02254 Summary:

BILL NOS02254 

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SAME ASNo Same As

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SPONSORCOMRIE

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COSPNSR

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MLTSPNSR

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Add §138-b, St Fin L

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Requires state agency and authority public works contracts to include a clause authorizing contractors to recover reasonable damages for delay under limited circumstances.

Go to top S02254 Actions:

BILL NOS02254 

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01/16/2025REFERRED TO PROCUREMENT AND CONTRACTS

01/07/2026REFERRED TO PROCUREMENT AND CONTRACTS

Go to topS02254 Committee&nbspVotes:

Go to topS02254 Floor&nbspVotes:

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

Go to topS02254 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2254

 2025-2026 Regular Sessions

 IN SENATE

 January 16, 2025
 ___________

 Introduced by Sen. COMRIE -- 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, in relation to damages to
 contracts occasioned by delay

 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 occasioned by delay. 1. For purposes of this section
 4 the following terms shall have the following meanings:
 5 (a) "State agency" shall mean any state department, board, bureau,
 6 commission, division, office, council, or state committee or any state
 7 authority as defined in subdivision one of section two of the public
 8 authorities law. Such term shall not include the legislature or judici-
 9 ary.
 10 (b) "Contract" shall mean any agreement awarded by a state agency for
 11 the design, construction, reconstruction, demolition, alteration, repair
 12 or improvement of any public works project.
 13 (c) "Delay" shall mean any delay, disruption, interference, ineffi-
 14 ciencies, impedance, hindrance or acceleration in the performance of the
 15 contract which causes damages to be incurred by a contractor.
 16 (d) "Claim" shall mean a request for additional costs only from the
 17 following causes:
 18 (i) the failure of the state agency to take reasonable measures to
 19 coordinate and progress the work;
 20 (ii) extended delays attributable to the state agency in the review or
 21 issuance of orders-on-contract or field orders, in shop drawing reviews
 22 and approvals or as a result of the cumulative impact of multiple orders
 23 on contract, which constitute a qualitative change to the project work
 24 and which have a verifiable impact on project costs; or

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04916-01-5

 S. 2254 2

 1 (iii) the unavailability of the site for such an extended period of
 2 time which significantly affects the scheduled completion of the
 3 contract.
 4 2. All contracts made and awarded shall contain a clause which allows
 5 a contractor to make a claim for additional costs arising from delay in
 6 the performance of a contract if such delay is caused by a material act
 7 or omission of the state agency.
 8 3. The contractor shall provide a notice of claim of an anticipated
 9 claim for delay to a state agency by personal service or certified mail
 10 no more than fifteen days after such contractor knew the facts which
 11 form the basis of the claim. The state agency shall acknowledge receipt
 12 of the notice, in writing, within five days. Such notice shall at a
 13 minimum provide a description of any operations that were, are being or
 14 will be delayed, and the date or dates and reasons for the delay. In no
 15 case shall oral notice constitute notice pursuant to this section or be
 16 deemed to constitute a waiver of the written notice requirement. For
 17 the purposes of this section, failure to provide such notice shall be
 18 considered to have prejudiced the state agency.
 19 4. Failure by a contractor to adequately progress the completion of
 20 work shall be considered in determining the causes of delay. For any
 21 claim asserted pursuant to this title, the contractor shall keep
 22 detailed written records of the costs and shall make them available for
 23 the purposes of audit and review. Failure to provid