The New York State 2013 Budget Bill and Its Effects on Design Build

This following is a summary of the design build provisions set forth in Governor Cuomo’s 2013 Budget and how they impact on the Design Build delivery system in New York State prepared by Mark C. Kriss, Esq. (NYSSPE Legislative and Legal Counsel). Additionally, proposed amendments are detailed below.

The Governor’s budget proposal (S 2605/A 3005 – 2013) respecting design-build in large measure mirrors the Governor’s 2011 design build legislation (S 50002/A 40002 – 2011).  However, the 2013 Budget Bill applies to all state agencies and other state entities, with the exclusion of SUNY and CUNY.  (The original statute authorized design-build for a limited number of state entities including the State Thruway Authority, the Department of Transportation, the Office of Parks, Recreation and Historic Preservation, the Department of Environmental Conservation and the State Bridge Authority.)  Additionally, the original law applied to projects greater than 1.2 million dollars.  The 2013 proposal eliminates the 1.2 million dollar threshold, except for projects undertaken by the Department of Transportation, Parks and Recreation and Environmental Conservation. [Read more…]