New York Consolidated Laws, State Finance Law - STF § 138-a. Commencement of actions on state public works contracts

1. All contracts made and awarded by the state or by any state agency, as defined in section one hundred seventy-nine-e of this chapter, for the design, construction, reconstruction, demolition, alteration, repair, maintenance or improvement of any public works, or for the inspection, supervision or coordination of the foregoing services, shall provide that the time within which an action on the contract against the contractor must be commenced shall be computed from the date of completion of the physical work;  and shall further provide that the contractor may notify the state or state agency in writing that such physical work has been completed by specifying a completion date, which date shall be no more than thirty days previous to the date of such notice, in which case the completion date set forth in such notice shall be deemed to be the date of completion of the physical work unless the state or state agency, within thirty days of receipt of such notice, notifies the contractor in writing of its disagreement.

2. In the event that the contractor fails to send the notice provided for herein or the state or state agency disagrees in the manner provided for herein, the date of completion of the physical work shall be determined in any other manner provided by law.

3. The provisions of this section shall in no way modify the duties and obligations of the state or of any state agency to comply with article eleven-A of this chapter.


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