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N.Y. State Fin. Law § 145

Acceptance of final payment under a state contract

Applied in 1 court decision — leading case 54 Misc. 3d 609 - State v. Henry T. (2016)

Most recently applied in 54 Misc. 3d 609 - State v. Henry T. (November 2016)

2014-09-22

§ 145. Acceptance of final payment under a state contract. No\nprovision contained in a construction contract awarded by any state\ndepartment or agency shall bar the commencement of an action for breach\nof contract on the sole ground of the contractor's acceptance of final\npayment under such contract provided that a detailed and verified\nstatement of claim is served upon the public body concerned not later\nthan forty days after the mailing of such final payment. The statement\nshall specify the items upon which the claim will be based and any such\nclaim shall be limited to such items. Any provision of subdivision four,\nsection ten of the court of claims act to the contrary notwithstanding,\nan action founded upon such statement of claim shall be filed within six\nmonths after the mailing of the final payment. No payment to the\ncontractor shall limit or qualify any defense, claim or counterclaim\notherwise available to the public body relating to the contract\ninvolved.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.