Voids provisions in construction contracts requiring retainage as expressly provided for by section seven hundred fifty-six-c of the general business law in an amount exceeding five percent of the contract sum.
Summary
Bill A05405 amends the general business law by introducing a new subdivision that voids any provision in construction contracts that requires retainage exceeding five percent of the contract sum. This change aims to protect contractors and subcontractors from excessive retainage practices that can negatively impact cash flow and project completion. The bill specifies that retainage must be limited to the percentage outlined in section 756-c of the general business law, thereby standardizing practices across construction contracts in New York.
Impact
The passage of this bill will significantly impact construction contracts throughout New York State by limiting the amount of retainage that can be withheld by project owners. This change is expected to facilitate better cash flow for contractors, particularly smaller firms that may struggle with financial stability when faced with high retainage amounts. The bill aligns state law with best practices in the construction industry, promoting fairer contract terms and potentially leading to more timely project completions.
Sentiment
The sentiment surrounding Bill A05405 has been overwhelmingly positive, as evidenced by the unanimous votes in both the Assembly and Senate. The bill received favorable recommendations from the Assembly Economic Development Committee and passed with no opposition in the final votes, indicating strong bipartisan support for the measure. Stakeholders in the construction industry have expressed approval, viewing the bill as a necessary reform to improve financial conditions for contractors.
Contention
While the bill has gained broad support, some concerns were raised regarding the potential impact on project owners who may rely on retainage as a means of ensuring project completion and quality. However, these concerns have not significantly hindered the bill's progress, as proponents argue that the new limit on retainage will not compromise project oversight but rather enhance financial fairness for contractors. No significant opposition has been recorded in the voting history.
Same As
Voids provisions in construction contracts requiring retainage as expressly provided for by section seven hundred fifty-six-c of the general business law in an amount exceeding five percent of the contract sum.
Voids provisions in construction contracts requiring retainage as expressly provided for by section seven hundred fifty-six-c of the general business law in an amount exceeding five percent of the contract sum.
Requires state contracts with construction firms reserve a percent of such contract to soft cost spending towards small businesses located near the construction site; defines what qualifies as soft cost spending.
Limits amount of payment that State agency as property owner may withhold from certain contractors on State construction contracts to two percent of amount due.
Increases the interest rate for late payments due on construction contracts from one to two percent; includes a change order as part of the definition of construction contract; defines change order; repeals exceptions for lower Manhattan construction contracts.