2023 New York Laws › GBS - General Business › Article 35-E - Construction Contracts › 756 - Definitions.

§  756.  Definitions.  As  used  in  this  article:  1.  "Construction
  contract" means a  written  or  oral  agreement  for  the  construction,
  reconstruction,  alteration,  maintenance,  moving  or demolition of any
  building, structure or improvement, or relating to the excavation of  or
  other  development  or improvement to land, and where the aggregate cost
  of the construction project including all labor, services, materials and
  equipment to be furnished, equals or exceeds one hundred fifty  thousand
  dollars.  For the purposes of this article a construction contract shall
  not include any such contract made and awarded by the state, any  public
  department,  any  public  benefit corporation, any public corporation or
  official thereof, or a municipal corporation  or  official  thereof  for
  construction, reconstruction, alteration, repair, maintenance, moving or
  demolition  of  any  public  works  project  nor  any  contract  with  a
  contractor or subcontractor which is part of such project; or  any  such
  contract  the  purpose  of  which  is  the construction, reconstruction,
  alteration, repair, maintenance, moving or demolition of  an  individual
  one,  two  or  three  family residential dwelling or a residential tract
  development of one hundred or less one or two family dwellings,  or  any
  residential  construction  project  where  the  aggregate  size  of such
  project is four thousand five  hundred  square  feet  or  less,  or  any
  residential  project  of  fewer  than  seventy-five units which receives
  financial assistance  from  the  federal  government,  the  state  or  a
  municipal  entity  designed  for  households  earning  an average of one
  hundred twenty-five percent of the housing and urban development  agency
  area median income.
2.  "Contractor"  means  any  person,  firm, partnership, corporation,
  association,  company,  organization  or  other  entity,   including   a
  construction  manager,  or  any combination thereof, which enters into a
  construction contract with an owner.
3. "Owner" means any person, firm, partnership, corporation,  company,
  association  or  other organization or other entity, or a combination of
  any thereof, (with an ownership interest, whether the interest or estate
  is in fee, as vendee under a contract to purchase, as lessee or  another
  interest  or  estate less than fee) that causes a building, structure or
  improvement, new or existing,  to  be  constructed,  altered,  repaired,
  maintained,  moved  or demolished or that causes land to be excavated or
  otherwise developed or improved.
4. "Subcontractor" means any person, firm,  partnership,  corporation,
  company,  association,  organization or other entity, or any combination
  thereof, which is a party to a contract with  a  contractor  or  another
  subcontractor  to  perform  a portion of work pursuant to a construction
  contract.
5.  "Material  supplier"  means   any   person,   firm,   partnership,
  corporation,  company,  association, or other organization or entity, or
  any combination thereof, which is party to a  contract  with  an  owner,
  contractor or subcontractor, for the provision of construction materials
  and/or equipment necessary to the completion of a construction contract.
6.  "Notice."  Any  notice  by  the owner, contractor or subcontractor
  under this article shall be sent by facsimile  and  reputable  overnight
  courier and shall be deemed effective on the date sent.