§ 109 — Assignment of public contracts

New York § 109

• Jurisdiction: New York
• Law GMU: General Municipal
• Art. 5-A: Public Contracts

Text

§ 109. Assignment of public contracts. 1. A clause shall be inserted\nin all specifications or contracts hereafter made or awarded by any\nofficer, board or agency of a political subdivision, or of any district\ntherein, prohibiting any contractor, to whom any contract shall be let,\ngranted or awarded, as required by law, from assigning, transferring,\nconveying, subletting or otherwise disposing of the same, or of his\nright, title, or interest therein, or his power to execute such\ncontract, to any other person or corporation without the previous\nconsent in writing of the officer, board or agency awarding the\ncontract.\n 2. If any contractor, to whom any contract is let, granted or awarded,\nas required by law, by any officer, board or agency of a political\nsubdivision, or of any district therein, shall without the previous\nwritten consent specified in subdivision one of this section, assign,\ntransfer, convey, sublet or otherwise dispose of such contract, or his\nright, title or interest therein, or his power to execute such contract,\nto any other person or corporation, the officer, board or agency which\nlet, made, granted or awarded such contract shall revoke and annul such\ncontract, and the political subdivision or district therein, as the case\nmay be, and such officer, board or agency shall be relieved and\ndischarged from any and all liability and obligations growing out of\nsuch contract to such contractor, and to the person or corporation to\nwhich such contract shall have been assigned, transferred, conveyed,\nsublet or otherwise disposed of, and such contractor, and his assignees,\ntransferees or sublessees shall forfeit and lose all moneys, theretofore\nearned under such contract, except so much as may be required to pay his\nemployees. The provisions of this section shall not hinder, prevent, or\naffect an assignment by any such contractor for the benefit of his\ncreditors made pursuant to the laws of this state.\n