Bill > S02254

This bill amends the state finance law to require that all state agency public works contracts include a clause allowing contractors to recover reasonable damages for delays caused by the state agency. The bill defines key terms such as "state agency" (any state department or authority, excluding legislature and judiciary), "contract" (agreements for public works projects), and "delay" (disruptions that cause contractor damages). Contractors can make claims for additional costs due to specific circumstances, including the state agency's failure to coordinate work, extended delays in contract reviews, or prolonged site unavailability. To file a claim, contractors must provide written notice within 15 days of becoming aware of the delay, maintain detailed written records of costs, and provide comprehensive documentation if requested. The bill requires contractors to certify their claims in writing and under oath, affirming the accuracy of supporting data and the good faith of their compensation request. Importantly, failure to provide proper notice or maintain adequate records will result in waiving the claim. The legislation will take effect 180 days after becoming law and will apply to all contracts entered into on or after that date, providing a clear framework for addressing project delays in state public works contracts.

Budget and Finance

https://www.nysenate.gov/legislation/bills/2025/S2254