N.Y. Labor Law § 220-a: Statements showing amounts due for wages and supplements to be filed--Verification

§ 220-a. Statements showing amounts due for wages and supplements to

be filed--Verification. 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.