NY Lab L § 237 (2021)
2021 New York Laws LAB - Labor Article 9 - Prevailing Wage for Building Service Employees 237 - Statements Showing Amounts Due for Wages.

§  237.  Statements  showing  amounts due for wages. 1. Subcontractors   engaged for service work by a contractor  or  its  subcontractor  shall,   upon receipt from the contractor or its subcontractor of the schedule of   wages  and  supplements  specified  in  the  contract,  provide  to  the   contractor or its subcontractor a verified statement attesting that  the   subcontractor  has  received  and  reviewed  such  schedule of wages and   supplements, 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 subdivision three of   this section. It shall be a violation of this article for any contractor   or its subcontractor to fail to provide for its subcontractor a copy  of   the schedule of wages and supplements specified in the contract.2.  Before  payment  is made by or on behalf of a public agency of any   sums due on account of a contract for service work, it shall be the duty   of the comptroller of the state or the financial officer of such  public   agency  or  other  officer  or  person  charged  with  the  custody  and   disbursement of the state or corporate funds applicable to the  contract   under  and  pursuant to which payment is made, to require the contractor   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 service employees for   daily or weekly wages on account of labor performed upon the work  under   the contract, setting forth therein the names of the persons whose wages   are  unpaid  and  the  amount  due to or on behalf of each respectively,   which 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.3.  Before  payment  is made by or on behalf of a public agency of any   sums due on account of a contract for service work and representing  the   final portion of twenty percent of the total consideration payable under   the  contract,  it  shall be the duty of the comptroller of the state or   the financial officer of such public agency or other officer  or  person   charged  with  the  custody  and  disbursement of the state or 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 setting forth the amounts known by the   contractor  to  be  then  due  and owing from a subcontractor, or from a   subcontractor of such subcontractor, for such wages and supplements,  or   certifying that the contractor has no knowledge of such amounts owing to   or on behalf of any service employees 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   thirty-nine-a of this article. Before final payment is made of any  sums   due  on  account  of such service work contract, the contractor shall be   required to file a supplemental statement setting forth  any  additional   amounts  known  by  the  contractor  to  be  then  due and owing by each   subcontractor for such wages or supplements, or that the contractor  has   no  knowledge  of  such amounts owing to or on behalf of any employee of   its subcontractors. Such statements so to be filed shall be verified  by   the  oath  of  the  contractor  that  he or she has read such statements   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.4.  If  any interested person shall have previously filed a protest in   writing objecting to the payment to any contractor or  subcontractor  to   the  extent  of  the  amount  or amounts due or to become due to him for   daily or weekly wages for labor performed on the  work  for  which  such   contract  was  entered into, or if for any other reason it may be deemed   advisable, the comptroller of the state or the financial officer of  the   public  agency  or  other officer or person charged with the custody and   disbursement of the state or corporate funds applicable to the  contract   for  such  work,  may  deduct  from  the  whole amount of any payment on   account  thereof  the  sum  or  sums  admitted  by  any  contractor   or   subcontractor  in  such  statement  or statements as filed to be due and   owing by him or her on account of labor performed on  such  work  before   making  payment  of  the amount certified for payment in any estimate or   voucher, and may withhold the amount so deducted for the benefit of  the   service  employees  whose  wages  are  unpaid  as  shown by the verified   statements filed  by  any  contractor  or  subcontractor,  and  may  pay   directly  to  any  person  the amount or amounts shown by the statements   filed as hereinbefore required to be due to him or her  or  his  or  her   duly  authorized collective bargaining labor organization receiving such   payment to the extent of the amount thereof.