New York State Finance Code § 127

Construction and repair of buildings of institutions reporting to the departments having jurisdiction
Open in Lexace · Ask the AI about this section
§ 127. Construction and repair of buildings of institutions reporting\nto the departments having jurisdiction. As used in this section, the\nterm "departments having jurisdiction" shall be deemed to mean the\ndepartments referred to in section one hundred twenty-five of this act,\nexcept that with respect to construction, acquisition, reconstruction,\nrehabilitation or improvement work at any state institution or facility\nunder the professional jurisdiction, supervision and control of the\ndepartment of mental hygiene, it shall not be deemed to mean the\ndepartment of mental hygiene unless such work is let by the commissioner\nof general services as agent for the health and mental hygiene\nfacilities improvement corporation pursuant to an agreement with the\ntrustees of said corporation, as authorized by the health and mental\nhygiene facilities improvement act.\n  1. All plans and specifications for the construction, alteration,\nrepair and improvement of buildings for institutions reporting to the\ndepartments shall be prepared by the office of general services. The\ndepartments having jurisdiction shall adopt or reject any such plans or\nspecifications, and no such work shall be begun until the plans and\nspecifications therefor have been adopted, but before the adoption\nthereof, the departments having jurisdiction shall submit the same to\nthe board of visitors of the institution, if any, in case such board of\nvisitors is authorized by law to review such plans and specifications,\nand shall allow such board a period of not more than thirty days in\nwhich to submit a statement of their opinions and suggestions in regard\nthereto.\n  2. Contracts for such work of construction, alteration, repair or\nimprovement may be let by the department having jurisdiction, or at the\nrequest of such department by the commissioner of general services, but\nin any event such letting shall be in accordance with the procedure set\nforth in section eight of the public buildings law, with the approval of\nthe comptroller for the whole or any part of the work to be performed,\nand, in its discretion, such contracts may be sublet. Special orders for\nsuch work may be issued upon authorization by the department having\njurisdiction pursuant to section twenty of the public buildings law.\nCopies of all such contracts and special orders shall be filed with the\ndepartment having jurisdiction, with the comptroller and with the board\nof visitors, if any. All such contracts and special orders for the\nconstruction, alteration, repair or improvement of buildings or plants\nof such institutions shall contain a clause that the contract shall only\nbe deemed executory to the extent of the moneys available, and no\nliability shall be incurred by the state beyond the moneys available for\nthe purpose. Except as provided in section twenty of the public\nbuildings law, all contracts in an amount greater than five thousand\ndollars shall have the performance thereof secured by sufficient bond or\nbonds, together with a bond or bonds for the payment of labor and\nmaterial as authorized by section one hundred thirty-seven of this\nchapter, to be approved by the comptroller and filed in his office and\nwith the department having jurisdiction or the commissioner of general\nservices, as the case may be. No work done by special orders in an\namount less than twenty thousand dollars need have a bond. No work shall\nbe done by special order unless the commissioner has presented to the\ncomptroller evidence that he has made a diligent effort to obtain\ncompetition sufficient to protect the interests of the state prior to\nselecting the contractor to perform the work. In all cases in which\ncontracts to be let are for the purpose of connecting any such\ninstitution with the system or line or lines maintained or operated by\nany public service corporation or repairing or improving any such\nconnection, such public service corporation shall not be required to\ngive a

‹ Prev All New York sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.