Bill would reform New York’s public contracting process

A bill to reform New York State’s public contracting process is under review by Gov. Andrew Cuomo.

The bill, originated by the New York Electrical Contractors Association, would create a 21-member Construction Industry Advisory Council on Public Contracting Reform to reform state contracting rules. The council would bring together for the first time, state legislators, regulators, construction contractors and subcontractors, labor, and other stakeholders, to address issues on state construction projects.

“Some of these longstanding problems include damages incurred by contractors, subcontractors, and other parties due to delays in payments by project owners; substantial completion as defined recently in amended state finance law; retainage in public works contracts; and public works contracting issues affecting minority and women owned contractors and subcontractors,” according to a news release from Willett Public Affairs, a consulting firm that worked on the bill. The Advisory Council would issue a report of its findings including recommendations and suggested best practices for reforms.

The aim of the legislation is to “eliminate the burdensome, unfair, and varying contractual terms and conditions that may unfairly benefit New York State but are prejudicial to contractors and subcontractors.”