State Codes and Statutes

Statutes > New-york > Stf > Article-9 > 138-a

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

State Codes and Statutes

Statutes > New-york > Stf > Article-9 > 138-a

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

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Stf > Article-9 > 138-a

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