Public Construction Claims: Local Deadlines Can Be Shorter Than Six Years

Reviewed September 7, 2026.

The general six-year period for many contract claims under CPLR 213 is only a starting point. A public owner's governing statute or charter, or an enforceable contract provision, may impose a shorter period and separate notice requirements.

In Frank Tricarico Contractors, Inc. v. City of New Rochelle, 2012 NY Slip Op 02450, the Second Department upheld dismissal of a contract claim under the one-year period in the City's charter. The contractor's damages were ascertainable no later than its initial notice of claim alleging the same breach.

Track notice and commencement separately

Filing a notice of claim is not the same as commencing the lawsuit. Review the correct public entity, statutory authority, charter, contract and administrative procedures before choosing a deadline.

Keep dated records of payment refusals, disputed work, final determinations and notices. Do not assume negotiations, a pending payment application or an informal request for reconsideration extends the time to sue. The Tricarico decision applies its particular charter provision; it does not give every New York municipality the same deadline.

Kushnick Pallaci PLLC assists clients throughout New York with public construction contract claims. Contact 631-752-7100 or vtp@kushnicklaw.com.

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