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 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

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 145’s source at nysenate​.gov

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