S 6855 New York Senate · 2023 Regular Session

Prohibits the retention of any amount of payment due and owing for materials delivered and accepted for a public or private construction project

This bill amends state laws to prevent public and private construction owners from withholding payment for building materials that have already been delivered, accepted, and meet quality standards. Under the new rules, owners must pay in full for these specific materials, which are defined as those covered by a manufacturer's warranty or graded to industry standards, rather than keeping them back as part of a general progress payment holdback. The legislation also clarifies that contractors cannot use the lack of full payment from an owner as an excuse to delay paying their own subcontractors and suppliers. Additionally, the bill mandates that contractors pay subcontractors within seven days of receiving funds from the owner and imposes interest charges if this deadline is missed.
Bill status in committee 1 of 4 stages cleared
Introduction
May 2023
Committee Review
Floor Vote
Governor
Introduced May 11, 2023 Last action May 30, 2024
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Full legislative history

Actions timeline

Total actions
4
Key actions
2
Committee
2
Amendments
2
May 30, 2024
Upper · Passed
PRINT NUMBER 6855A
upper
May 30, 2024
Upper · Passed
AMEND AND RECOMMIT TO PROCUREMENT AND CONTRACTS
upper
Jan 3, 2024
Committee
REFERRED TO PROCUREMENT AND CONTRACTS
upper
May 11, 2023
Committee
REFERRED TO PROCUREMENT AND CONTRACTS
upper
1 primary · 4 co-sponsors

Sponsors