Section 220-A. Statements showing amounts due for wages and supplements to be filed--Verification  


Latest version.
  • 1.  Subcontractors   engaged   by   a   public
      improvement  contractor or its subcontractor shall upon receipt from the
      public improvement contractor or its subcontractor  of  a  copy  of  the
      schedule  of  wages  and supplements specified in the public improvement
      contract,  or  of  a  subsequently  issued  schedule,  provide  to  such
      contractor  or its subcontractor a verified statement attesting that the
      subcontractor has received and  reviewed  such  schedule  of  wages  and
      supplements,  or  subsequently  issued schedule, 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 subdivisions two and four of this section. It
      shall be  a  violation  of  this  article  for  any  contractor  or  its
      subcontractor  to  fail  to  provide  to its subcontractor a copy of the
      schedule of wages and supplements specified in the contract as  well  as
      any annually determined rate issued subsequent to the schedule specified
      in the contract.
        2.  Before final payment is made by or on behalf of the state, county,
      city, town, village or other civil division of the state for any sum  or
      sums  due on account of a contract for a public improvement, it shall be
      the duty of the comptroller of the state or the financial officer of the
      municipal corporation or  other  officer  or  person  charged  with  the
      custody  and  disbursement  of  the  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 certifying to the amounts then  due  and  owing  from  such
      contractor filing such statement to or on behalf of any and all laborers
      for  daily  or weekly wages or supplements on account of labor performed
      upon the work under the contract, setting forth therein the names of the
      persons whose wages or supplements are unpaid and the amount due to each
      or on behalf of each respectively. Such statement shall also  set  forth
      the  amounts  known by the contractor to be then due and owing from each
      subcontractor, or from a subcontractor of such subcontractor, for  wages
      or supplements, or shall certify that the contractor has no knowledge of
      such   amounts   owing   to   or  on  behalf  of  any  laborers  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 twenty-three of this article. Such
      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  except  with  respect  to  wages  and  supplements  owing  by
      subcontractors which may be certified upon information and belief.