NY Gen Oblig L § 11-102 (2021)
2021 New York Laws GOB - General Obligations Article 11 - Obligations to Make Compensation or Restitution Title 1 - Compensation 11-102 - Liability of Utilities for Compensation for Damages Caused by Interfering With, or Delaying the Progress of Work Under State Public Construction Contr

§ 11-102. Liability  of  utilities for compensation for damages caused   by interfering with, or delaying the progress of work under state public   construction contracts. 1. No utility shall interfere with, or delay the   progress of work under any contract with the state  department,  agency,   division  or  board, for the construction, reconstruction or improvement   of any highway, street, road, railroad grade crossing,  bridge,  tunnel,   underpass,  overpass  or other state contract work, by failing to remove   or relocate its poles, wires,  cables,  conduits,  pipes  or  any  other   facilities  or  structures  within  the  time  schedule  therefor  by an   agreement or under the terms of an  agreement  between  the  department,   agency,  division  or  board  and the utility, or if no time is fixed by   such an agreement or under the terms of such an  agreement,  within  the   time  fixed  by  the  department,  agency,  division or board, by notice   served upon such utility by such state department, agency,  division  or   board.2.   If  such  notice  is  utilized,  it  shall  describe  the  public   improvement  and  the  geographical  location  thereof,  the   date   of   commencement  and  the  date  of completion, if any, provided for by the   contract, the contractor's name and address, the manner in which and the   extent to which the facilities and structures of the utility obstruct or   prevent  the  contractor  from  progressing  or  performing   the   work   comprehended by the contract, and shall fix the date or time within such   utility  is required to remove or relocate its facilities or structures,   specifying the same, in order to provide the contractor  with  the  site   when  required  by the contractor for progressing or performing the work   pursuant to such state contract. Such notice shall  be  in  writing  and   shall be served upon such utility either personally or by certified mail   at  its  principal  office  or place of business in the county where the   work under such contract is to be performed, or, if  there  be  no  such   principal  office  or  place  of business in such county, at the nearest   principal office or place of business of such utility, outside  of  such   county.  In  the  event  the  utility  to  whom the aforesaid notice was   directed is for any reason unable,  within  the  prescribed  period,  to   remove  or  relocate  said  facilities  or  structures  specified in the   notice, said utility shall immediately advise said  department,  agency,   division or board and the contractor, in writing, of such inability, and   in the same communication so advise said department, agency, division or   board,  and  the contractor of the approximate date that such removal or   relocation of facilities or structures  could  be  effected;  and  shall   further  state  the basis for the inability of said utility to remove or   relocate said facilities or structures within the time specified by  the   notice served thereon by said department, agency, division or board. The   department,  agency,  division or board, after examining and considering   the utility's basis for  establishing  a  different  schedule  for  such   removal or relocation, shall, if such basis is reasonable, establish and   notify  the utility of a revised schedule for completing such removal or   relocation.3. In cases  where  the  utility  has  been  reimbursed  for  removal,   relocation,   replacement  or  reconstruction  pursuant  to  subdivision   twenty-four-b of section ten of the highway law, a  utility  failing  to   complete  the  removal  or  relocation  of such structures or facilities   within a period of thirty days beyond the time  fixed  therefor  by  the   latest  time schedule established in accordance with this section, shall   be liable and responsible to any such contractor for any damages, direct   or consequential,  sustained  by  any  such  contractor  as  the  result   thereof,  in  an  action  to  be brought by such contractor against such   utility in a court of competent jurisdiction within two years  from  the   time  fixed  for  the  removal  or  relocation  of  such  structures  or    facilities. If an action is commenced against a utility,  as  heretofore   provided,  said  utility  may interpose in its answer in such action any   defense available under the provisions of the  civil  practice  law  and   rules.  The  unreasonableness  of the time schedule imposed by the state   department, agency, division or board shall be an  absolute  defense  by   the  utility  to  any  such  action  by  the contractor. If, in any such   action, the utility is found to owe nothing to the contractor, or if  an   offer  of settlement is made by the utility which is not accepted by the   contractor and the resulting verdict against the utility  is  less  than   the offer of settlement, then in either such event the total cost of the   utility  of  litigation,  including reasonable attorney's fees, shall be   paid to the utility by the contractor.