N.Y. Labor Law 224 – Contracting for public work; enforcement
§ 224. Contracting for public work; enforcement. 1. The commissioner shall have the power to enforce any provision of law requiring the preparation of separate specifications for public work contracts. Whenever the commissioner determines that an agency, board, department, commission or officer of the state of New York, or of any political subdivision thereof as defined in § 100 of the general municipal law, municipal corporation as defined in § 66 of the general construction law, public benefit corporation, or local or state authority as defined in § 2 of the public authorities law having jurisdiction over a public work contract for which the preparation of separate specifications is required has failed to prepare such separate specifications, the commissioner may issue a stop-bid order, which shall take effect as to such public work bid or contract when served upon such agency, board, department, commission or officer of the state of New York, political subdivision, municipal corporation, public benefit corporation or local or state authority. Such stop-bid order shall be served by regular mail, and a second copy may be served by telefacsimile or by electronic mail, with service effective upon receipt of any of such notices. The order shall remain in effect until the commissioner directs that the stop-bid order be removed, upon a determination that the agency, board, department, commission or officer of the state of New York, political subdivision, municipal corporation, public benefit corporation or local or state authority has complied with the separate specifications requirement. The agency, board, department, commission or officer of the state of New York, political subdivision, municipal corporation, public benefit corporation or local or state authority may within thirty days after notice of the stop-bid order make an application in affidavit form for a redetermination review of such order. The commissioner shall make a decision in writing on the issues raised in such application within thirty days of receipt of such application.
Terms Used In N.Y. Labor Law 224
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- contract: as used in this article also shall include reconstruction and repair of any such public work, and any public work performed under a lease, permit or other agreement pursuant to which the department of jurisdiction grants the responsibility of contracting for such public work to any third party proposing to perform such work to which the provisions of this article would apply had the department of jurisdiction contracted directly for its performance, or where there is no lease, permit or other agreement and ownership of a public work is intended to be assumed by such public entity at any time subsequent to completion of the public work. See N.Y. Labor Law 220
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Venue: The geographical location in which a case is tried.
2. The commissioner may file a complaint in the supreme court of any county where venue is proper to enjoin any agency, board, department, commission or officer of the state of New York, political subdivision, municipal corporation, public benefit corporation or local or state authority from violating a stop-bid order. In any action brought by the commissioner pursuant to this section in which it prevails, the court may award costs, including the reasonable costs of investigation and reasonable attorneys' fees.
3. In any court proceedings under this section, the commissioner shall be represented by the attorney general.