United States:
NY Governor Vetoes Bill To Allow Delay Damages On Public Contracts
09 January 2019
Duane Morris LLP
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New York Governor Andrew Cuomo ended 2018 by vetoing New York
Senate Bill 6686 to amend the state finance law by adding a new
section 138-b to allow contractors working on public construction
projects seek delay damages against government agencies. The vetoed
bill would have required all public contracts to contain a clause
allowing a contractor, subcontractor or supplier to make a claim
for costs due to excusable delays resulting from actions or
omissions by a public owner or any of its representatives. The
bipartisan bill sponsored by Senators Michael Ranzenhofer
(Republican) and Luis Sepulveda (Democrat) passed the Assembly by a
vote of 103 to 40 and the Senate 59 to 0. The text of the bill can
be seen here.
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