Bill Text: NY A05016 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to claims and actions against the New York city school construction authority arising out of contracts; provides accrual of claims shall be deemed to have occurred as of the date payment for the amount claimed was denied.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-03-12 - enacting clause stricken [A05016 Detail]

Download: New_York-2017-A05016-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5016
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 6, 2017
                                       ___________
        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee on Corporations, Authorities and Commissions
        AN  ACT  to  amend the public authorities law, in relation to claims and
          actions against the New York city school construction authority  aris-
          ing out of contracts
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 2 of section 1744  of  the  public  authorities
     2  law,  as added by chapter 519 of the laws of 2014, is amended to read as
     3  follows:
     4    2. No action or proceeding for any cause whatever, other than the  one
     5  for  personal  injury,  death,  property  damage or tort, which shall be
     6  governed by subdivision one of this section,  relating  to  the  design,
     7  construction,   reconstruction,   improvement,  rehabilitation,  repair,
     8  furnishing or equipping of educational facilities, shall  be  prosecuted
     9  or  maintained  against  the authority or any member, officer, agent, or
    10  employee thereof, unless (i) it shall appear by and as an allegation  in
    11  the  complaint  or  moving  papers,  that  a detailed, written, verified
    12  notice of each claim upon which any part of such action or proceeding is
    13  founded was presented to the board within three months after the accrual
    14  of such claim, that at least thirty days have elapsed since such  notice
    15  was  so  presented  and that the authority or the officer or body having
    16  the power to adjust or pay said claim has neglected or refused  to  make
    17  an  adjustment  or  payment  thereof,  and (ii) the action or proceeding
    18  shall have been commenced within one year after  the  happening  of  the
    19  event  upon  which  the  claim is based; provided, however, that nothing
    20  contained in this subdivision shall be deemed to modify or supersede any
    21  provision of law or contract specifying a  shorter  period  of  time  in
    22  which  to  commence  such  action or proceeding, or to excuse compliance
    23  with any other conditions required by contract to be satisfied prior  to
    24  the  commencement of such action or proceeding. In the case of an action
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09548-01-7
        A. 5016                             2
     1  or special proceeding for monies due arising out of contract, accrual of
     2  such claim shall be deemed to have occurred as of the date  payment  for
     3  the  amount  claimed  was denied by written notice delivered by personal
     4  service, certified mail or as otherwise provided by contract.
     5    § 2. This act shall take effect immediately.