ยง 109. Assignment of public contracts. 1. A clause shall be inserted
in all specifications or contracts hereafter made or awarded by any
officer, board or agency of a political subdivision, or of any district
therein, prohibiting any contractor, to whom any contract shall be let,
granted or awarded, as required by law, from assigning, transferring,
conveying, subletting or otherwise disposing of the same, or of his
right, title, or interest therein, or his power to execute such
contract, to any other person or corporation without the previous
consent in writing of the officer, board or agency awarding the
contract.
2. If any contractor, to whom any contract is let, granted or awarded,
as required by law, by any officer, board or agency of a political
subdivision, or of any district therein, shall without the previous
written consent specified in subdivision one of this section, assign,
transfer, convey, sublet or otherwise dispose of such contract, or his
right, title or interest therein, or his power to execute such contract,
to any other person or corporation, the officer, board or agency which
let, made, granted or awarded such contract shall revoke and annul such
contract, and the political subdivision or district therein, as the case
may be, and such officer, board or agency shall be relieved and
discharged from any and all liability and obligations growing out of
such contract to such contractor, and to the person or corporation to
which such contract shall have been assigned, transferred, conveyed,
sublet or otherwise disposed of, and such contractor, and his assignees,
transferees or sublessees shall forfeit and lose all moneys, theretofore
earned under such contract, except so much as may be required to pay his
employees. The provisions of this section shall not hinder, prevent, or
affect an assignment by any such contractor for the benefit of his
creditors made pursuant to the laws of this state.
Structure New York Laws
Article 5-A - Public Contracts
100-A - Declaration of Policy.
101 - Separate Specifications for Certain Public Work.
102 - Deposits on Plans and Specifications.
103 - Advertising for Bids and Offers; Letting of Contracts; Criminal Conspiracies.
103-A - Ground for Cancellation of Contract by Municipal Corporations and Fire Districts.
103-B - Disqualification to Contract With Municipal Corporations and Fire Districts.
103-C - Removal of Disqualification of Public Contractors by Petition.
103-D - Statement of Non-Collusion in Bids and Proposals to Political Subdivision of the State.
103-E - Conspiracies to Prevent Competitive Bidding or Competitive Offering on Public Contracts.
103-F - Security Bonds; Municipal Projects.
103-G - Iranian Energy Sector Divestment.
104-A - Purchasing of Products for Public Use.
104-B - Procurement Policies and Procedures.
104-C - Disposal of Surplus Computer Equipment.
104-D - The New York State Buy American Salt Act.
105 - Disposition of Deposit Accompanying Bid.
106 - Withdrawal of Retained Percentages.
106-A - Service Charge for Receiving, Handling and Disbursing Funds and Coupons.
106-B - Payment on Public Work Projects.
107 - Claims Against Political Subdivisions; Contractor's Undertaking.
108 - Workmen's Compensation Insurance on Public Works.
109 - Assignment of Public Contracts.
109-A - Purchases Through the Office of General Services by Certain Public Associations.
109-B - Installment Contracts.
109-C - Purchases Through County Contracts by Certain Not-for-Profit Corporations.