2013 New York Consolidated Laws
LAB - Labor
Article 8 - (220 - 224) 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.