§ 138-A — Commencement of actions on state public works contracts

New York § 138-A

• Jurisdiction: New York
• Law STF: State Finance
• Art. 9: Contracts

Text

§ 138-a. Commencement of actions on state public works contracts. 1.\nAll contracts made and awarded by the state or by any state agency, as\ndefined in section one hundred seventy-nine-e of this chapter, for the\ndesign, construction, reconstruction, demolition, alteration, repair,\nmaintenance or improvement of any public works, or for the inspection,\nsupervision or coordination of the foregoing services, shall provide\nthat the time within which an action on the contract against the\ncontractor must be commenced shall be computed from the date of\ncompletion of the physical work; and shall further provide that the\ncontractor may notify the state or state agency in writing that such\nphysical work has been completed by specifying a completion date, which\ndate shall be no more than thirty days previous to the date of such\nnotice, in which case the completion date set forth in such notice shall\nbe deemed to be the date of completion of the physical work unless the\nstate or state agency, within thirty days of receipt of such notice,\nnotifies the contractor in writing of its disagreement.\n 2. In the event that the contractor fails to send the notice provided\nfor herein or the state or state agency disagrees in the manner provided\nfor herein, the date of completion of the physical work shall be\ndetermined in any other manner provided by law.\n 3. The provisions of this section shall in no way modify the duties\nand obligations of the state or of any state agency to comply with\narticle eleven-A of this chapter.\n