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

---

S3414A-2011 Actions

• Apr 18, 2012: referred to governmental operations
• Apr 18, 2012: DELIVERED TO ASSEMBLY
• Apr 18, 2012: PASSED SENATE
• Mar 22, 2012: ADVANCED TO THIRD READING
• Mar 21, 2012: 2ND REPORT CAL.
• Mar 20, 2012: 1ST REPORT CAL.386
• Jan 4, 2012: REFERRED TO FINANCE
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• Jun 13, 2011: referred to governmental operations
• Jun 13, 2011: DELIVERED TO ASSEMBLY
• Jun 13, 2011: PASSED SENATE
• Jun 6, 2011: AMENDED ON THIRD READING 3414A
• Jun 1, 2011: ADVANCED TO THIRD READING
• May 25, 2011: 2ND REPORT CAL.
• May 24, 2011: 1ST REPORT CAL.852
• Feb 18, 2011: REFERRED TO FINANCE

S3414A-2011 Meetings

Finance: Mar 20, 2012

S3414A-2011 Calendars

Active List: Apr 18, 2012 , Active List: Jun 13, 2011 , Floor Calendar: Mar 21, 2012 , Floor Calendar: Mar 22, 2012 , Floor Calendar: Mar 26, 2012 , Floor Calendar: Mar 27, 2012 , Floor Calendar: Mar 28, 2012 , Floor Calendar: Mar 29, 2012 , Floor Calendar: Mar 30, 2012 , Floor Calendar: Apr 17, 2012 , Floor Calendar: Apr 18, 2012 , Floor Calendar: Jun 7, 2011 , Floor Calendar: Jun 13, 2011

S3414A-2011 Votes

S3414A-2011 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.

S3414A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

      S. 3414--A                                            A. 5412--A
      Cal. No. 852

                         2011-2012 Regular Sessions

                        SENATE - ASSEMBLY

                              February 18, 2011
                                 ___________

  IN SENATE -- Introduced by Sen. KLEIN -- read twice and ordered printed,
    and  when  printed  to  be  committed  to  the Committee on Finance --
    reported favorably from said committee, ordered to  first  and  second
    report,  ordered  to  a  third reading, amended and ordered reprinted,
    retaining its place in the order of third reading

  IN ASSEMBLY -- Introduced by M. of A. CUSICK,  ROBINSON  --  Multi-Spon-
    sored  by  --  M.  of  A.  P. RIVERA  -- read once and referred to the
    Committee on Governmental Operations  --  committee  discharged,  bill
    amended,  ordered reprinted as amended and recommitted to said commit-
    tee

  AN ACT to amend the state finance law and the general municipal law,  in
    relation to contract change orders

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Section 139-f of the state finance law is amended by adding
  a new subdivision 5 to read as follows:

    5. IF AT ANY TIME DURING THE CONSTRUCTION PERIOD, THE  TOTAL  COST  OF
  ALL  UNAPPROVED CHANGE ORDERS, CHANGE DIRECTIVES AND CONTRACT AMENDMENTS
  EXCEED TEN PERCENT OF THE ORIGINAL CONTRACT OR SUBCONTRACT, THE CONTRAC-
  TOR IN THE CASE OF THE ORIGINAL CONTRACT OR SUBCONTRACT, OR  SUBCONTRAC-
  TOR IN THE CASE OF THE SUBCONTRACT, SHALL NOT BE REQUIRED TO COMMENCE OR
  CONTINUE  SUCH  WORK  UNTIL THE PROPOSED CHANGES OR AMENDMENTS HAVE BEEN
  APPROVED BY THE PUBLIC OWNER.
    S 2. Section 106-b of the general municipal law is amended by adding a
  new subdivision 4 to read as follows:

    4. IF AT ANY TIME DURING THE CONSTRUCTION PERIOD, THE  TOTAL  COST  OF
  ALL  UNAPPROVED CHANGE ORDERS, CHANGE DIRECTIVES AND CONTRACT AMENDMENTS
  EXCEED TEN PERCENT OF THE ORIGINAL CONTRACT OR SUBCONTRACT, THE CONTRAC-
  TOR IN THE CASE OF THE ORIGINAL CONTRACT OR SUBCONTRACT, OR  SUBCONTRAC-
  TOR IN THE CASE OF THE SUBCONTRACT, SHALL NOT BE REQUIRED TO COMMENCE OR

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00003-02-1

 S. 3414--A                          2                         A. 5412--A

  CONTINUE  SUCH  WORK  UNTIL THE PROPOSED CHANGES OR AMENDMENTS HAVE BEEN
  APPROVED BY THE PUBLIC OWNER.
    S  3.  This  act  shall take effect immediately and shall apply to all
  contracts executed on and after such date.