2016 New York Laws
LAB - Labor
Article 9 - (Labor) PREVAILING WAGE FOR BUILDING SERVICE EMPLOYEES
237 - Statements showing amounts due for wages.

  237.  Statements  showing  amounts due for wages. 1. Subcontractors
  engaged for service work by a contractor  or  its  subcontractor  shall,
  upon receipt from the contractor or its subcontractor of the schedule of
  wages  and  supplements  specified  in  the  contract,  provide  to  the
  contractor or its subcontractor a verified statement attesting that  the
  subcontractor  has  received  and  reviewed  such  schedule of wages and
  supplements, and agrees that it will pay the applicable prevailing wages
  and will pay or provide the supplements specified therein. Such verified
  statement shall be filed in the manner described in subdivision three of
  this section. It shall be a violation of this article for any contractor
  or its subcontractor to fail to provide for its subcontractor a copy  of
  the schedule of wages and supplements specified in the contract.
2.  Before  payment  is made by or on behalf of a public agency of any
  sums due on account of a contract for service work, it shall be the duty
  of the comptroller of the state or the financial officer of such  public
  agency  or  other  officer  or  person  charged  with  the  custody  and
  disbursement of the state or corporate funds applicable to the  contract
  under  and  pursuant to which payment is made, to require the contractor
  to file a statement in writing in  form  satisfactory  to  such  officer
  certifying to the amounts then due and owing from such contractor filing
  such  statement  to  or  on  behalf of any and all service employees for
  daily or weekly wages on account of labor performed upon the work  under
  the contract, setting forth therein the names of the persons whose wages
  are  unpaid  and  the  amount  due to or on behalf of each respectively,
  which statement so to be filed shall be verified  by  the  oath  of  the
  contractor  that  he or she has read such statement subscribed by him or
  her and knows the contents thereof, and that the same is true of his  or
  her own knowledge.
3.  Before  payment  is made by or on behalf of a public agency of any
  sums due on account of a contract for service work and representing  the
  final portion of twenty percent of the total consideration payable under
  the  contract,  it  shall be the duty of the comptroller of the state or
  the financial officer of such public agency or other officer  or  person
  charged  with  the  custody  and  disbursement of the state or corporate
  funds applicable to the contract under and pursuant to which payment  is
  made to require the contractor to file every verified statement required
  to  be  obtained  by  the contractor from its subcontractors pursuant to
  subdivision one of this section and to file a statement  in  writing  in
  form satisfactory to such officer setting forth the amounts known by the
  contractor  to  be  then  due  and owing from a subcontractor, or from a
  subcontractor of such subcontractor, for such wages and supplements,  or
  certifying that the contractor has no knowledge of such amounts owing to
  or on behalf of any service employees of its subcontractors, and that in
  the  event  it  is  determined  by  the  commissioner  that the wages or
  supplements or both of any employees of  such  subcontractors  have  not
  been  paid or provided pursuant to the appropriate schedule of wages and
  supplements, the contractor shall be responsible  for  payment  of  such
  wages  or  supplements pursuant to the provisions of section two hundred
  thirty-nine-a of this article. Before final payment is made of any  sums
  due  on  account  of such service work contract, the contractor shall be
  required to file a supplemental statement setting forth  any  additional
  amounts  known  by  the  contractor  to  be  then  due and owing by each
  subcontractor for such wages or supplements, or that the contractor  has
  no  knowledge  of  such amounts owing to or on behalf of any employee of
  its subcontractors. Such statements so to be filed shall be verified  by
  the  oath  of  the  contractor  that  he or she has read such statements
  subscribed by him or her and knows the contents thereof,  and  that  the
  same  is  true of his or her own knowledge, except with respect to wages

  and supplements owing by subcontractors  which  may  be  certified  upon
  information and belief.
4.  If  any interested person shall have previously filed a protest in
  writing objecting to the payment to any contractor or  subcontractor  to
  the  extent  of  the  amount  or amounts due or to become due to him for
  daily or weekly wages for labor performed on the  work  for  which  such
  contract  was  entered into, or if for any other reason it may be deemed
  advisable, the comptroller of the state or the financial officer of  the
  public  agency  or  other officer or person charged with the custody and
  disbursement of the state or corporate funds applicable to the  contract
  for  such  work,  may  deduct  from  the  whole amount of any payment on
  account  thereof  the  sum  or  sums  admitted  by  any  contractor   or
  subcontractor  in  such  statement  or statements as filed to be due and
  owing by him or her on account of labor performed on  such  work  before
  making  payment  of  the amount certified for payment in any estimate or
  voucher, and may withhold the amount so deducted for the benefit of  the
  service  employees  whose  wages  are  unpaid  as  shown by the verified
  statements filed  by  any  contractor  or  subcontractor,  and  may  pay
  directly  to  any  person  the amount or amounts shown by the statements
  filed as hereinbefore required to be due to him or her  or  his  or  her
  duly  authorized collective bargaining labor organization receiving such
  payment to the extent of the amount thereof.