N.Y. State Finance Law Section 145
Acceptance of final payment under a state contract

No provision contained in a construction contract awarded by any state department or agency shall bar the commencement of an action for breach of contract on the sole ground of the contractor’s acceptance of final payment under such contract provided that a detailed and verified statement of claim is served upon the public body concerned not later than forty days after the mailing of such final payment. The statement shall specify the items upon which the claim will be based and any such claim shall be limited to such items. Any provision of subdivision four, section ten of the court of claims act to the contrary notwithstanding, an action founded upon such statement of claim shall be filed within six months after the mailing of the final payment. No payment to the contractor shall limit or qualify any defense, claim or counterclaim otherwise available to the public body relating to the contract involved.

Source: Section 145 — Acceptance of final payment under a state contract, https://www.­nysenate.­gov/legislation/laws/STF/145 (updated Sep. 22, 2014; accessed Nov. 1, 2025).

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 139–M
Statement on gender-based violence and the workplace, 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
Green check means up to date. Up to date

Verified:
Nov. 1, 2025

Last modified:
Sep. 22, 2014

§ 145. Acceptance of final payment under a state contract's source at nysenate​.gov

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