N.Y. General Business Law § 756: Definitions

§ 756. Definitions. As used in this article: 1. "Construction

contract" means a written or oral agreement for the construction,

reconstruction, alteration, maintenance, moving or demolition of any

building, structure or improvement, or relating to the excavation of or

other development or improvement to land, and where the aggregate cost

of the construction project including all labor, services, materials and

equipment to be furnished, equals or exceeds one hundred fifty thousand

dollars. For the purposes of this article a construction contract shall

not include any such contract made and awarded by the state, any public

department, any public benefit corporation, any public corporation or

official thereof, or a municipal corporation or official thereof for

construction, reconstruction, alteration, repair, maintenance, moving or

demolition of any public works project nor any contract with a

contractor or subcontractor which is part of such project; or any such

contract the purpose of which is the construction, reconstruction,

alteration, repair, maintenance, moving or demolition of an individual

one, two or three family residential dwelling or a residential tract

development of one hundred or less one or two family dwellings, or any

residential construction project where the aggregate size of such

project is four thousand five hundred square feet or less, or any

residential project of fewer than seventy-five units which receives

financial assistance from the federal government, the state or a

municipal entity designed for households earning an average of one

hundred twenty-five percent of the housing and urban development agency

area median income.

2. "Contractor" means any person, firm, partnership, corporation,

association, company, organization or other entity, including a

construction manager, or any combination thereof, which enters into a

construction contract with an owner.

3. "Owner" means any person, firm, partnership, corporation, company,

association or other organization or other entity, or a combination of

any thereof, (with an ownership interest, whether the interest or estate

is in fee, as vendee under a contract to purchase, as lessee or another

interest or estate less than fee) that causes a building, structure or

improvement, new or existing, to be constructed, altered, repaired,

maintained, moved or demolished or that causes land to be excavated or

otherwise developed or improved.

4. "Subcontractor" means any person, firm, partnership, corporation,

company, association, organization or other entity, or any combination

thereof, which is a party to a contract with a contractor or another

subcontractor to perform a portion of work pursuant to a construction

contract.

5. "Material supplier" means any person, firm, partnership,

corporation, company, association, or other organization or entity, or

any combination thereof, which is party to a contract with an owner,

contractor or subcontractor, for the provision of construction materials

and/or equipment necessary to the completion of a construction contract.

6. "Notice." Any notice by the owner, contractor or subcontractor

under this article shall be sent by facsimile and reputable overnight

courier and shall be deemed effective on the date sent.