The New York State legislature is considering a number of statutory amendments that could impact contractors in New York in 2011 and beyond.
A00185A: Provides that the education department shall set guidelines relating to noise and work hours on school construction sites.
A00399: Establishes the responsibility of bidder on public works contracts and provides for establishment of a construction contract lowest responsible bidder registry.
A00612: Requires the payment of prevailing wages on construction projects involving the state university of New York, the dormitory authority or the state university construction fund and any third party.
A01033: Requires the state fire prevention and building code council to implement rules and regulations requiring the use of radon-resistant features in new home construction.
A01047: Provides standards and procedures for determining whether or not a contractor is responsible for purposes of public construction projects, including documentation of previous experience with comparable projects, financial statements, disclosure of any professional suspensions or OSHA violations.
A01264: Requires contractors in cities having a population of one million or more to recycle 50% of the waste generated on construction and demolition sites.
A01787: Requires that any newly enacted or adopted building code in NYC shall contain notice provisions similar to those required for buildings with truss type construction; additionally, such new building code shall contain identical notice provisions, as set forth for residential structures.
A02369: Prohibits any agreement relating to the construction, alteration, repair or maintenance of a building requiring subcontractors and materialmen to exhaust all their remedies prior to filing a claim and/or commencing an action on a payment bond.
A02372: Makes indemnification agreements, relating to construction contracts void as against public policy.
A02697: Relates to building new one-family residential construction.
A03752: Requires developers to deposit a portion of the total estimated project cost into an escrow account for damage caused to neighboring properties during construction; provides that any work on a project shall be stopped until repairs are made on the adjoining property; provides that the New York city department of buildings shall develop a procedure whereby individuals who suffer damage as a result of the construction may be reimbursed within a period of sixty days.
The New York Construction Law Update's sister site, New York Mechanic's Lien, has posted its own list of possible amendments relating to the Lien Law in New York. Those amendments can be viewed here:
http://nymechanicsliens.blogspot.com/2010/10/possible-lien-law-amendments-in.html
The New York Construction Law Update and New York Mechanic's Lien will continue to keep you updated with any developments as these potential statutory changes wind their way through the system.
Vincent T. Pallaci is a partner at the New York law firm of Kushnick Pallaci, PLLC where his practice focuses primarily on the area of construction law. He can be reached at (631) 752-7100 or vtp@kushnicklaw.com
You give some good information on the impact of possible statutory amendments on New York Building Construction. Especially with these changes coming, researching the options is an invaluable first step. McGraw Hill's New York Construction site is a great resource for this. They have a ton of important information, including who is available for hire and what they are like, as well as what products and manufacturers there are. Though I now work with them, they have honestly been a great help in all of my projects and have saved me both time and money. I definitely recommend them.
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