N.Y. General Business Law § 757: Void provisions

§ 757. Void provisions. The following provisions of construction

contracts shall be void and unenforceable:

1. A provision, covenant, clause or understanding in, collateral to or

affecting a construction contract, with the exception of a contract with

a material supplier, that makes the contract subject to the laws of

another state or that requires any litigation, arbitration or other

dispute resolution proceeding arising from the contract to be conducted

in another state.

2. A provision, covenant, clause or understanding in, collateral to or

affecting a construction contract stating that a party to the contract

cannot suspend performance under the contract if another party to the

contract fails to make prompt payments under the contract.

3. A provision, covenant, clause or understanding in, collateral to or

affecting a construction contract stating that expedited arbitration as

expressly provided for and in the manner established by section seven

hundred fifty-six-b of this article is unavailable to one or both

parties.

4. A provision, covenant, clause or understanding in collateral to or

affecting a construction contract establishing payment provisions which

differ from those established in subdivision three of section seven

hundred fifty-six-a and section seven hundred fifty-six-b as applicable.

5. A provision, covenant, clause or understanding in, collateral to or

affecting a construction contract requiring retainage as expressly

provided for by section seven hundred fifty-six-c of this article in an

amount exceeding five percent of the contract sum.