§ 220-A — Statements showing amounts due for wages and supplements to be filed--Verification

§ 220-a. Statements showing amounts due for wages and supplements to\nbe filed--Verification. 1. Subcontractors engaged by a public\nimprovement contractor or its subcontractor shall upon receipt from the\npublic improvement contractor or its subcontractor of a copy of the\nschedule of wages and supplements specified in the public improvement\ncontract, or of a subsequently issued schedule, provide to such\ncontractor or its subcontractor a verified statement attesting that the\nsubcontractor has received and reviewed such schedule of wages and\nsupplements, or subsequently issued schedule, and agrees that it will\npay the applicable prevailing wages and will pay or provide the\nsupplements specified therein. Such verified statement shall be filed in\nthe manner described in subdivisions two and four of this section. It\nshall be a violation of this article for any contractor or its\nsubcontractor to fail to provide to its subcontractor a copy of the\nschedule of wages and supplements specified in the contract as well as\nany annually determined rate issued subsequent to the schedule specified\nin the contract.\n 2. Before final payment is made by or on behalf of the state, county,\ncity, town, village or other civil division of the state for any sum or\nsums due on account of a contract for a public improvement, it shall be\nthe duty of the comptroller of the state or the financial officer of the\nmunicipal corporation or other officer or person charged with the\ncustody and disbursement of the corporate funds applicable to the\ncontract under and pursuant to which payment is made to require the\ncontractor to file every verified statement required to be obtained by\nthe contractor from its subcontractors pursuant to subdivision one of\nthis section and to file a statement in writing in form satisfactory to\nsuch officer certifying to the amounts then due and owing from such\ncontractor filing such statement to or on behalf of any and all laborers\nfor daily or weekly wages or supplements on account of labor performed\nupon the work under the contract, setting forth therein the names of the\npersons whose wages or supplements are unpaid and the amount due to each\nor on behalf of each respectively. Such statement shall also set forth\nthe amounts known by the contractor to be then due and owing from each\nsubcontractor, or from a subcontractor of such subcontractor, for wages\nor supplements, or shall certify that the contractor has no knowledge of\nsuch amounts owing to or on behalf of any laborers of its\nsubcontractors, and that in the event it is determined by the\ncommissioner that the wages or supplements or both of any employees of\nsuch subcontractors have not been paid or provided pursuant to the\nappropriate schedule of wages and supplements, the contractor shall be\nresponsible for payment of such wages or supplements pursuant to the\nprovisions of section two hundred twenty-three of this article. Such\nstatement so to be filed shall be verified by the oath of the contractor\nthat he or she has read such statement subscribed by him or her and\nknows the contents thereof, and that the same is true of his or her own\nknowledge except with respect to wages and supplements owing by\nsubcontractors which may be certified upon information and belief.\n