Section 238. Penalties  


Latest version.
  • 1. Any contractor or subcontractor who shall upon
      his oath verify any statement required to be filed  under  this  article
      which  is  known  by  him  to  be  false  shall be guilty of perjury and
      punishable as provided by the penal law.
        2. When a contract  for  service  work  contains  as  part  thereof  a
      schedule  of  wages as provided for in this article, any contractor who,
      after entering  into  such  contract,  and  any  subcontractor  of  such
      contractor who fails to pay to any service employee the wages stipulated
      in  such  wage  schedule  is guilty of a misdemeanor and upon conviction
      shall be punished for a first offense by a fine of five hundred  dollars
      or  by  imprisonment  for  not more than thirty days or by both fine and
      imprisonment; for a second offense by a fine of  one  thousand  dollars,
      and in addition thereto the contract on which the violation has occurred
      shall  be forfeited; and no such contractor shall be entitled to receive
      any sum, nor shall any officer, agent or  employee  of  the  contracting
      public  agency  pay any such sum or authorize its payment from the funds
      under his charge or control to such contractor for work  done  upon  the
      contract on which the contractor has been convicted of a second offense.
      If the contractor or subcontractor is a corporation, any officer of such
      corporation  who  knowingly permits the corporation to fail to make such
      payment shall also be guilty of a misdemeanor and the criminal and civil
      penalties herein shall attach to such officer upon conviction.