2023 New York Laws › LAB - Labor › Article 8 - Public Work › 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.