§ 237 — Statements showing amounts due for wages

§ 237. Statements showing amounts due for wages. 1. Subcontractors\nengaged for service work by a contractor or its subcontractor shall,\nupon receipt from the contractor or its subcontractor of the schedule of\nwages and supplements specified in the contract, provide to the\ncontractor or its subcontractor a verified statement attesting that the\nsubcontractor has received and reviewed such schedule of wages and\nsupplements, and agrees that it will pay the applicable prevailing wages\nand will pay or provide the supplements specified therein. Such verified\nstatement shall be filed in the manner described in subdivision three of\nthis section. It shall be a violation of this article for any contractor\nor its subcontractor to fail to provide for its subcontractor a copy of\nthe schedule of wages and supplements specified in the contract.\n 2. Before payment is made by or on behalf of a public agency of any\nsums due on account of a contract for service work, it shall be the duty\nof the comptroller of the state or the financial officer of such public\nagency or other officer or person charged with the custody and\ndisbursement of the state or corporate funds applicable to the contract\nunder and pursuant to which payment is made, to require the contractor\nto file a statement in writing in form satisfactory to such officer\ncertifying to the amounts then due and owing from such contractor filing\nsuch statement to or on behalf of any and all service employees for\ndaily or weekly wages on account of labor performed upon the work under\nthe contract, setting forth therein the names of the persons whose wages\nare unpaid and the amount due to or on behalf of each respectively,\nwhich statement so to be filed shall be verified by the oath of the\ncontractor that he or she has read such statement subscribed by him or\nher and knows the contents thereof, and that the same is true of his or\nher own knowledge.\n 3. Before payment is made by or on behalf of a public agency of any\nsums due on account of a contract for service work and representing the\nfinal portion of twenty percent of the total consideration payable under\nthe contract, it shall be the duty of the comptroller of the state or\nthe financial officer of such public agency or other officer or person\ncharged with the custody and disbursement of the state or corporate\nfunds applicable to the contract under and pursuant to which payment is\nmade to require the contractor to file every verified statement required\nto be obtained by the contractor from its subcontractors pursuant to\nsubdivision one of this section and to file a statement in writing in\nform satisfactory to such officer setting forth the amounts known by the\ncontractor to be then due and owing from a subcontractor, or from a\nsubcontractor of such subcontractor, for such wages and supplements, or\ncertifying that the contractor has no knowledge of such amounts owing to\nor on behalf of any service employees of its subcontractors, and that in\nthe event it is determined by the commissioner that the wages or\nsupplements or both of any employees of such subcontractors have not\nbeen paid or provided pursuant to the appropriate schedule of wages and\nsupplements, the contractor shall be responsible for payment of such\nwages or supplements pursuant to the provisions of section two hundred\nthirty-nine-a of this article. Before final payment is made of any sums\ndue on account of such service work contract, the contractor shall be\nrequired to file a supplemental statement setting forth any additional\namounts known by the contractor to be then due and owing by each\nsubcontractor for such wages or supplements, or that the contractor has\nno knowledge of such amounts owing to or on behalf of any employee of\nits subcontractors. Such statements so to be filed shall be verified by\nthe oath of the contractor that he or she has read such statements\nsubscribed by him or her and knows the contents thereof, and that the\nsame is true of his or her own knowledge, except with respect to wages\nand supplements owing by subcontractors which may be certified upon\ninformation and belief.\n 4. If any interested person shall have previously filed a protest in\nwriting objecting to the payment to any contractor or subcontractor to\nthe extent of the amount or amounts due or to become due to him for\ndaily or weekly wages for labor performed on the work for which such\ncontract was entered into, or if for any other reason it may be deemed\nadvisable, the comptroller of the state or the financial officer of the\npublic agency or other officer or person charged with the custody and\ndisbursement of the state or corporate funds applicable to the contract\nfor such work, may deduct from the whole amount of any payment on\naccount thereof the sum or sums admitted by any contractor or\nsubcontractor in such statement or statements as filed to be due and\nowing by him or her on account of labor performed on such work before\nmaking payment of the amount certified for payment in any estimate or\nvoucher, and may withhold the amount so deducted for the benefit of the\nservice employees whose wages are unpaid as shown by the verified\nstatements filed by any contractor or subcontractor, and may pay\ndirectly to any person the amount or amounts shown by the statements\nfiled as hereinbefore required to be due to him or her or his or her\nduly authorized collective bargaining labor organization receiving such\npayment to the extent of the amount thereof.\n