§ 198-e. Construction industry wage theft. 1. A contractor making or\ntaking a construction contract shall be liable for any debt resulting\nfrom an action under section one hundred ninety-eight of this article,\nowed to an employee or third party on the employee's behalf, incurred by\na subcontractor at any tier acting under, by, or for the contractor or\nits subcontractors for the employee's performance of labor. The\nprovisions of this section shall not be deemed to limit the liability of\na subcontractor under section one hundred ninety-eight of this article.\n 2. No agreement or release by an employee or subcontractor to waive\nliability of a contractor under this section shall be valid except as\notherwise provided herein. The provisions of this section shall not be\ndeemed to impair the rights of a contractor to maintain an action\nagainst a subcontractor for amounts for owed wages that are paid by a\ncontractor pursuant to this section.\n 3. Notwithstanding any other provision of law, the remedies available\nfor a claim pursuant to subdivision one of this section shall only be\ncivil and administrative actions.\n 4. In the case of a private civil action by an employee, such employee\nmay designate any person, organization or collective bargaining agent\nauthorized to file a complaint with the commissioner pursuant to section\none hundred ninety-six-a of this article, to make a claim pursuant to\nthis section on his or her behalf.\n 5. In the case of an action against a subcontractor, the contractor\nshall be considered jointly and severally liable for any unpaid wages,\nbenefits, wage supplements, and any other remedies available pursuant to\nthe requirements of section one hundred ninety-eight of this article.\n 6. Nothing herein shall preclude the attorney general from bringing a\ncivil action to collect unpaid wages and penalties on behalf of\nemployees pursuant to this section.\n 7. A contractor or any other person shall not evade, or commit any act\nthat negates, the requirements of this section, provided, however, that\nthis section shall not be deemed to prohibit a contractor or\nsubcontractor from establishing by contract or enforcing any other\nlawful remedies against a subcontractor it hires for liability created\nby violation of this section, provided that such contract or arrangement\ndoes not diminish the right of employees to bring an action under the\nprovisions of this section.\n 8. As used in this section:\n a. "Construction contract" means a written or oral agreement for the\nconstruction, reconstruction, alteration, maintenance, moving or\ndemolition of any building, structure or improvement, or relating to the\nexcavation of or other development or improvement to land. For purposes\nof this section, a construction contract shall not include: any contract\nwhich is subject to article eight of this chapter; a home improvement\ncontract for the performance of a home improvement between a home\nimprovement contractor and the owner of an owner-occupied dwelling; and\na home construction contract for one- or two-family dwelling units\nexcept where such contract or contracts results in the construction of\nmore than ten one- or two-family owner-occupied dwellings at one project\nsite annually.\n b. "Contractor" means any person, firm, partnership, corporation,\nassociation, company, organization or other entity, including a\nconstruction manager, general or prime contractor, joint venture, or any\ncombination thereof, which enters into a construction contract with an\nowner.\n c. "Owner" means any person, firm, partnership, corporation, company,\nassociation or other organization or other entity, or a combination of\nany thereof, (with an ownership interest, whether the interest or estate\nis in fee, as vendee under a contract to purchase, as lessee or another\ninterest or estate less than fee) that causes a building, structure or\nimprovement, new or existing, to be constructed, altered, repair
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