New York Laws
Article 9 - Contracts
138-A - Commencement of Actions on State Public Works Contracts.

§ 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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