224 - Contracting for public work; enforcement. - New York Statutes

§ 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.