N.Y. State Finance Law Section 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 § 179-E (Definitions)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 11-A (Interest Payments On Certain Amounts Owed By State)article eleven-A of this chapter.

Source: Section 138-A — Commencement of actions on state public works contracts, https://www.­nysenate.­gov/legislation/laws/STF/138-A (updated Sep. 22, 2014; accessed Oct. 26, 2024).

135
Separate specifications for contract work for the state 135‑A
Definitions 136
Contracts in pursuance of appropriations 136‑A
Contracts for architectural, engineering, geological, landscape architecture and surveying services 136‑B
Selection of underwriters by state agencies 136‑C
Contracts for employee training and organizational development services 136‑D
Contracts involving industrial painting and industrial coatings 136‑D*2
Contracts involving low embodied carbon concrete 137
Bond to secure payment of certain claims arising from a public improvement 138
State contracts not to be assigned without consent 138‑A
Commencement of actions on state public works contracts 139
Retained percentages 139‑A
Ground for cancellation of contract by state 139‑B
Disqualification to contract with state 139‑C
Removal of disqualification of public contractors by petition 139‑D
Statement of non-collusion in bids to the state 139‑E
Security bonds 139‑F
Payment on public work projects 139‑G
Obligations to make contracts available to small and certified women and minority-owned business concerns 139‑H
Participation in an international boycott prohibited 139‑I
Obligations with respect to procurement contracts with New York state and foreign business enterprises 139‑J
Restrictions on contacts during the procurement process 139‑K
Disclosure of contacts and responsibility of offerers 139‑L
Statement on sexual harassment, in bids 140
Disposition of deposit accompanying bid 141
Claims against contractors 142
Workmen’s compensation insurance on public works 143
Deposits on plans and specifications for contracts for public work 144
Opening and reading of bids for contracts for public work 145
Acceptance of final payment under a state contract 146
Certain construction contracts involving steel 147
Mentor-protege program 148
Certain contracts involving personal protective equipment and medical supplies
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Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 138-A’s source at nysenate​.gov

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