§ 1410 — Definitions

§ 1410. Definitions. As used in this article, the following terms\nshall have the following meanings:\n 1. "Construction contractor" means any person, sole proprietor,\npartnership, firm, corporation, limited liability company, association\nor other legal entity who by oneself or through others offers to\nundertake, or holds oneself out as being able to undertake, or does\nundertake a construction project.\n 2. "Construction project" means the providing of any labor or\nservices, and the use of any materials or equipment in order to alter,\nbuild, excavate, add to, subtract from, improve, repair, maintain,\nrenovate, move, wreck or demolish any bridge, building, highway, road,\nrailroad, land, tunnel, sewer, drainage or other structure, project,\ndevelopment, or improvement, or the doing of any part thereof, including\nthe erection of scaffolding or other structures or works in connection\ntherewith.\n 3. "Freelance worker" means any natural person or organization\ncomposed of no more than one natural person, whether or not incorporated\nor employing a trade name, that is hired or retained as an independent\ncontractor by a hiring party to provide services in exchange for an\namount equal to or greater than eight hundred dollars, either by itself\nor when aggregated with all contracts for services between the same\nhiring party and freelance worker during the immediately preceding one\nhundred twenty days, but does not include:\n (a) any person who, pursuant to the contract at issue, is a sales\nrepresentative as defined in section one hundred ninety-one-a of the\nlabor law;\n (b) any person engaged in the practice of law pursuant to the contract\nat issue and who is a member in good standing of the bar of the highest\ncourt of any state, possession, territory, commonwealth or the District\nof Columbia and who is not under any order of court suspending,\nenjoining, restraining, disbarring or otherwise restricting such person\nin the practices of law;\n (c) any person who is a licensed medical professional; or\n (d) any person who is a construction contractor.\n 4. "Hiring party" means any person who retains a freelance worker to\nprovide any service, other than:\n (a) the United States government;\n (b) the state of New York, including any office, department, agency,\nauthority or other body of the state including the legislature and the\njudiciary;\n (c) a municipality, including any office, department, agency or other\nbody of a municipality; or\n (d) any foreign government.\n