§ 756 — Definitions

New York § 756

• Jurisdiction: New York
• Law GBS: General Business
• Art. 35-E: Construction Contracts

Text

§ 756. Definitions. As used in this article: 1. "Construction\ncontract" means a written or oral agreement for the construction,\nreconstruction, alteration, maintenance, moving or demolition of any\nbuilding, structure or improvement, or relating to the excavation of or\nother development or improvement to land, and where the aggregate cost\nof the construction project including all labor, services, materials and\nequipment to be furnished, equals or exceeds one hundred fifty thousand\ndollars. For the purposes of this article a construction contract shall\nnot include any such contract made and awarded by the state, any public\ndepartment, any public benefit corporation, any public corporation or\nofficial thereof, or a municipal corporation or official thereof for\nconstruction, reconstruction, alteration, repair, maintenance, moving or\ndemolition of any public works project nor any contract with a\ncontractor or subcontractor which is part of such project; or any such\ncontract the purpose of which is the construction, reconstruction,\nalteration, repair, maintenance, moving or demolition of an individual\none, two or three family residential dwelling or a residential tract\ndevelopment of one hundred or less one or two family dwellings, or any\nresidential construction project where the aggregate size of such\nproject is four thousand five hundred square feet or less, or any\nresidential project of fewer than seventy-five units which receives\nfinancial assistance from the federal government, the state or a\nmunicipal entity designed for households earning an average of one\nhundred twenty-five percent of the housing and urban development agency\narea median income.\n 2. "Contractor" means any person, firm, partnership, corporation,\nassociation, company, organization or other entity, including a\nconstruction manager, or any combination thereof, which enters into a\nconstruction contract with an owner.\n 3. "Owner" means any person, firm, partnership, corporation, company,\nassociation or other organization or other entity, or a combination of\nany thereof, (with an ownership interest, whether the interest or estate\nis in fee, as vendee under a contract to purchase, as lessee or another\ninterest or estate less than fee) that causes a building, structure or\nimprovement, new or existing, to be constructed, altered, repaired,\nmaintained, moved or demolished or that causes land to be excavated or\notherwise developed or improved.\n 4. "Subcontractor" means any person, firm, partnership, corporation,\ncompany, association, organization or other entity, or any combination\nthereof, which is a party to a contract with a contractor or another\nsubcontractor to perform a portion of work pursuant to a construction\ncontract.\n 5. "Material supplier" means any person, firm, partnership,\ncorporation, company, association, or other organization or entity, or\nany combination thereof, which is party to a contract with an owner,\ncontractor or subcontractor, for the provision of construction materials\nand/or equipment necessary to the completion of a construction contract.\n 6. "Notice." Any notice by the owner, contractor or subcontractor\nunder this article shall be sent by facsimile and reputable overnight\ncourier and shall be deemed effective on the date sent.\n