New York Codes, Rules and Regulations
Title 21 - Miscellaneous
Chapter L - New York State Urban Development Corporation
Part 4214 - Prompt Payment Policy Statement
Section 4214.5 - Miscellaneous provisions

Universal Citation: 21 NY Comp Codes Rules and Regs ยง 4214.5

Current through Register Vol. 46, No. 12, March 20, 2024

(a) Amendment of policy statement. UDC shall have the power to amend this policy statement by promulgating amended rules and regulations from time to time.

(b) Public access. UDC shall make available to the public, upon reasonable request, copies of this policy statement and the report described in section 4214.4(b) of this Part. Each contractor doing business with UDC shall be given a copy of this policy statement.

(c) Inapplicability of statute. The statute authorizing this policy statement (section 2880 of the Public Authorities Law) shall not apply to payments due and owing:

(1) under Eminent Domain Procedure Law;

(2) as interest allowed on a judgment rendered by a court pursuant to any provision of law other than those contained in section 2880 of the Public Authorities Law:

(3) to the Federal government; to any State agency or its instrumentalities; to any duly constituted unit of local government including, but not limited to, counties, cities, towns, villages, school districts, special districts or any of their related instrumentalities; to any other public authority or public benefit corporation; or to its employees when acting in, or incidental to, their public employment capacity; and

(4) in situations where UDC exercises a legally authorized set-off against all or part of the payment due the contractor.

(d) Legal process. UDC is under no liability to pay interest penalties pursuant to section 2880 of the Public Authorities Law after a contractor has filed a claim or given notice of an intention to file a claim or has commenced legal action for payment of interest.

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