N.Y. Labor Law § 224: Contracting for public work; enforcement

§ 224. Contracting for public work; enforcement. 1. The commissioner

shall have the power to enforce any provision of law requiring the

preparation of separate specifications for public work contracts.

Whenever the commissioner determines that an agency, board, department,

commission or officer of the state of New York, or of any political

subdivision thereof as defined in section one hundred of the general

municipal law, municipal corporation as defined in section sixty-six of

the general construction law, public benefit corporation, or local or

state authority as defined in section two of the public authorities law

having jurisdiction over a public work contract for which the

preparation of separate specifications is required has failed to prepare

such separate specifications, the commissioner may issue a stop-bid

order, which shall take effect as to such public work bid or contract

when served upon such agency, board, department, commission or officer

of the state of New York, political subdivision, municipal corporation,

public benefit corporation or local or state authority. Such stop-bid

order shall be served by regular mail, and a second copy may be served

by telefacsimile or by electronic mail, with service effective upon

receipt of any of such notices. The order shall remain in effect until

the commissioner directs that the stop-bid order be removed, upon a

determination that the agency, board, department, commission or officer

of the state of New York, political subdivision, municipal corporation,

public benefit corporation or local or state authority has complied with

the separate specifications requirement. The agency, board, department,

commission or officer of the state of New York, political subdivision,

municipal corporation, public benefit corporation or local or state

authority may within thirty days after notice of the stop-bid order make

an application in affidavit form for a redetermination review of such

order. The commissioner shall make a decision in writing on the issues

raised in such application within thirty days of receipt of such

application.

2. The commissioner may file a complaint in the supreme court of any

county where venue is proper to enjoin any agency, board, department,

commission or officer of the state of New York, political subdivision,

municipal corporation, public benefit corporation or local or state

authority from violating a stop-bid order. In any action brought by the

commissioner pursuant to this section in which it prevails, the court

may award costs, including the reasonable costs of investigation and

reasonable attorneys' fees.

3. In any court proceedings under this section, the commissioner shall

be represented by the attorney general.