2006 New York Code - Definitions.



 
    §  756.  Definitions.  As  used  in  this  article:  1.  "Construction
  contract" means a  written  or  oral  agreement  for  the  construction,
  reconstruction,  alteration,  maintenance,  moving  or demolition of any
  building, structure or improvement, or relating to the excavation of  or
  other  development  or improvement to land, and where the aggregate cost
  of the construction project including all labor, services, materials and
  equipment to be furnished, equals or exceeds two hundred fifty  thousand
  dollars.  For the purposes of this article a construction contract shall
  not include any such contract made and awarded by the state, any  public
  department,  any  public  benefit corporation, any public corporation or
  official thereof, or a municipal corporation  or  official  thereof  for
  construction, reconstruction, alteration, repair, maintenance, moving or
  demolition  of  any  public  works  project  nor  any  contract  with  a
  contractor or subcontractor which is part of such project; or  any  such
  contract  the  purpose  of  which  is  the construction, reconstruction,
  alteration, repair, maintenance, moving or demolition of  an  individual
  one,  two  or  three  family residential dwelling or a residential tract
  development of one hundred fifty or less one or two family dwellings, or
  any residential construction project where the aggregate  size  of  such
  project is nine thousand square feet or less, or any residential project
  of   fewer  than  one  hundred  fifty  units  which  receives  financial
  assistance from the federal government, the state or a municipal  entity
  designed  for  households  earning an average of one hundred twenty-five
  percent of the housing and urban development agency area median income.
    2. "Contractor" means  any  person,  firm,  partnership,  corporation,
  association,   company,   organization  or  other  entity,  including  a
  construction manager, or any combination thereof, which  enters  into  a
  construction contract with an owner.
    3.  "Owner" means any person, firm, partnership, corporation, company,
  association or other organization or other entity, or a  combination  of
  any thereof, (with an ownership interest, whether the interest or estate
  is  in fee, as vendee under a contract to purchase, as lessee or another
  interest or estate less than fee) that causes a building,  structure  or
  improvement,  new  or  existing,  to  be constructed, altered, repaired,
  maintained, moved or demolished or that causes land to be  excavated  or
  otherwise developed or improved.
    4.  "Subcontractor"  means any person, firm, partnership, corporation,
  company, association, organization or other entity, or  any  combination
  thereof,  which  is  a  party to a contract with a contractor or another
  subcontractor to perform a portion of work pursuant  to  a  construction
  contract.
    5.   "Material   supplier"   means   any  person,  firm,  partnership,
  corporation, company, association, or other organization or  entity,  or
  any  combination  thereof,  which  is party to a contract with an owner,
  contractor or subcontractor, for the provision of construction materials
  and/or equipment necessary to the completion of a construction contract.
    6. "Notice." Any notice by  the  owner,  contractor  or  subcontractor
  under  this  article  shall be sent by facsimile and reputable overnight
  courier and shall be deemed effective on the date sent.

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