New York 2025-2026 Regular Session

New York Senate Bill S04750

Introduced
2/12/25  
Refer
2/12/25  
Report Pass
5/28/25  
Refer
1/7/26  

Caption

Prohibits the retention of any amount of payment due and owing for materials delivered and accepted for a public or private construction project.

Summary

Bill S04750 amends the state finance law and general municipal law to require full payment for materials delivered and accepted for public work projects, prohibiting the retention of any payment due to material suppliers. The bill specifies that contractors must pay subcontractors and materialmen within seven days of receiving payment from public owners, ensuring that payments for materials covered by warranties or industry standards are made promptly. This legislation aims to streamline payment processes in construction projects, enhancing financial security for suppliers and subcontractors.

Impact

The bill significantly impacts state laws by eliminating the retention of payments for materials that have been delivered and accepted, which could lead to improved cash flow for subcontractors and material suppliers. It modifies existing statutes to ensure that payments are made promptly and establishes a clear timeline for payments, thereby reducing disputes over payment delays. This change is expected to foster a more reliable payment environment in the construction industry, potentially leading to increased participation from suppliers and subcontractors in public projects.

Sentiment

The general sentiment around Bill S04750 appears to be positive, as evidenced by unanimous votes in the Senate Procurement and Contracts Committee. The discussions surrounding the bill have focused on the benefits of ensuring timely payments to subcontractors and material suppliers, reflecting a consensus on the need for reform in payment practices within the construction sector.

Contention

While there seems to be broad support for the bill, potential points of contention may arise from contractors who might be concerned about the implications of immediate payment requirements on their cash flow. Some stakeholders may argue that the bill could impose additional financial burdens on contractors, particularly smaller firms that may struggle to manage cash flow without the ability to retain payments.

Companion Bills

NY A02212

Same As Prohibits the retention of any amount of payment due and owing for materials delivered and accepted for a public or private construction project.

Previously Filed As

NY A01194

Prohibits the retention of any amount of payment due and owing for materials delivered and accepted for a public or private construction project.

NY A02212

Prohibits the retention of any amount of payment due and owing for materials delivered and accepted for a public or private construction project.

NY HB05685

An Act Prohibiting Pay-if-paid Clauses In Construction Contracts And Ensuring Timely Payment Of Construction Subcontractors And Suppliers.

NY HB568

Limit retainage in certain private construction projects

NY HB451

State and Private Construction Contracts - Prompt Payment Requirements

NY HB1168

Provides standards for precast concrete pilings used in public or private construction projects

NY HB3712

Relating to funds reserved or retained for certain construction materials.

NY HB288

Require construction project owners to timely pay contractors

NY HF1833

Refundable sales and use tax exemption provided for construction materials for projects for Aitkin Public Schools.

NY A1547

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.

Similar Bills

CA AB1885

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TN HB1270

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TN SB0937

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CA AB332

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CA SB1174

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CA AB2272

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MI HB4384

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AR HB1468

To Amend Arkansas Law Concerning Claims Against Home Improvement Contractors, Residential Building Contractors, And Suppliers.