N.Y. Comp. Codes R. & Regs. tit. 22 § 206.23

Current through Register Vol. 46, No. 25, June 18, 2024

Section 206.23 - Public construction contract claims; special rules

(a)

(1) All claims involving public construction contracts shall contain separately captioned and numbered causes of action. When utilized in a claim, detailed schedules of items of damage that pertain to or are allied with a particular cause of action shall be made a part of said cause of action.

(2) Where the claimant has accepted final payment, the claim shall have attached to it a copy of the statement required by section 145 of the State Finance Law.

(b)

(1) Within 30 days after the service and filing of its verified answer, the defendant may serve and file an itemized demand for a bill of particulars.

(2) Unless claimant, moves to modify or vacate such demand, claimant must serve a proper bill of particulars within 60 days of the receipt of the defendant's demand and file the original with proof of service in the office of the clerk or may be precluded under CPLR 3042 for failure to furnish a proper bill unless the time to serve said bill shall be extended as hereinafter provided.

(c)

(1) The defendant may serve a notice of an examination before trial of the claimant at any time after the service and filing of its answer, but not later than 60 days after the service of a bill of particulars by the claimant.

(2) The claimant may serve a notice of an examination before trial at any time as provided in the CPLR, but not later than 30 days after the service of a notice by the defendant of an examination before trial of the claimant.

(d) All other motions shall be brought in accordance with the Court of Claims Act, the rules of the Court of Claims and the provisions of the CPLR, and shall be returnable in the district wherein the action is triable.

(e) Subject to the written approval of the court, the parties, within the period of time therein specified, may stipulate to waive or modify any of the requirements of subdivision (b) or (c) of this section.

(f) A party confronted with unusual and special circumstances requiring more time than prescribed by subdivision (b) or (c) of this section for compliance with any of the provisions of said subdivisions may move for an extension of time, which the court may grant for such period and under such conditions as the interests of justice require.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 206.23