General Obligations Law 5-322.2 — Legislation
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SECTION 5-322.1
Agreements exempting owners and contractors from liability for negligence void and unenforceable; certain cases
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TITLE 3
Certain Prohibited Contracts and Provisions of Contracts
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SECTION 5-322.3
Payment bonds to be filed
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SECTION 5-322.2
Contents of certain construction contracts
General Obligations (GOB) CHAPTER 24-A, ARTICLE 5, TITLE 3
§ 5-322.2. Contents of certain construction contracts. 1. Every
written contract or agreement executed by an owner providing for the
building, construction, repair or renovation of buildings, structures,
or improvements upon real property owned by him other than contracts
involving public improvements as defined in the lien law and contracts
involving residential property with housing accommodations for less than
five families, shall contain a clause requiring such owner to set forth
in said contract the following information:
(a) the full name and address of the owner or owners;
(b) the full name and address of the owner of the land and the owner
of the building or improvements if the owner of the land and the owner
of the building or improvements shall be different persons or entities;
and
(c) a description by street address; or section, block, and lot
numbers; or reference to a deed book and page number;
In the event the names required to be set forth as hereinabove provided
shall be changed after the execution of any such contract or agreement
and during the period of such construction, the owner shall within five
days notify the contractor of such change in writing sent to the
contractor by certified mail to the address of the contractor as set
forth in said contract.
2. Every written subcontract or agreement executed by a contractor for
performance of any portion of the said construction, shall contain the
same information required to be provided to the contractor by the owner
described in subdivision one of this section.
3. The provisions of this section shall apply only to contracts or
agreements as enumerated in subdivision one of this section, entered
into on or after the date on which the provisions of this section become
effective.
4. Any failure to comply with the provisions of this section shall not
render any agreement or contract hereof, enumerated in subdivision one
hereof, void or voidable nor shall it otherwise impair any obligations
or rights under any such agreement or contract.