New York Laws
Article 8 - Public Work
224 - Contracting for Public Work; Enforcement.

§ 224. Contracting for public work; enforcement. 1. The commissioner
shall have the power to enforce any provision of law requiring the
preparation of separate specifications for public work contracts.
Whenever the commissioner determines that an agency, board, department,
commission or officer of the state of New York, or of any political
subdivision thereof as defined in section one hundred of the general
municipal law, municipal corporation as defined in section sixty-six of
the general construction law, public benefit corporation, or local or
state authority as defined in section two of the public authorities law
having jurisdiction over a public work contract for which the
preparation of separate specifications is required has failed to prepare
such separate specifications, the commissioner may issue a stop-bid
order, which shall take effect as to such public work bid or contract
when served upon such agency, board, department, commission or officer
of the state of New York, political subdivision, municipal corporation,
public benefit corporation or local or state authority. Such stop-bid
order shall be served by regular mail, and a second copy may be served
by telefacsimile or by electronic mail, with service effective upon
receipt of any of such notices. The order shall remain in effect until
the commissioner directs that the stop-bid order be removed, upon a
determination that the agency, board, department, commission or officer
of the state of New York, political subdivision, municipal corporation,
public benefit corporation or local or state authority has complied with
the separate specifications requirement. The agency, board, department,
commission or officer of the state of New York, political subdivision,
municipal corporation, public benefit corporation or local or state
authority may within thirty days after notice of the stop-bid order make
an application in affidavit form for a redetermination review of such
order. The commissioner shall make a decision in writing on the issues
raised in such application within thirty days of receipt of such
application.

2. The commissioner may file a complaint in the supreme court of any
county where venue is proper to enjoin any agency, board, department,
commission or officer of the state of New York, political subdivision,
municipal corporation, public benefit corporation or local or state
authority from violating a stop-bid order. In any action brought by the
commissioner pursuant to this section in which it prevails, the court
may award costs, including the reasonable costs of investigation and
reasonable attorneys' fees.

3. In any court proceedings under this section, the commissioner shall
be represented by the attorney general.