Flushing Library Contract eBook

NYC AGENCY RENOVATION & REHAB CITY OWNED BUILDINGS/STRUCTURES PLA Delinquent Contractor and union or employee benefit fund shall otherwise agree as to the

disposition thereof; provided however, that such withholding shall not exceed the amount

contained in the General Contractor's monthly invoice for work performed by the

Delinquent Contractor. In the event the Agency shall be required to withhold amounts

from a General Contractor for the benefit of more than one fringe benefit fund, the amounts

so withheld in the manner and amount prescribed above shall be applied to or for such fund

in the order in which the written notices of nonpayment have been received by the Agency,

and if more than one such notice was received on the same day, proportionately based upon

the amount of the union and/or fringe benefit fund claims received on such day. Nothing

herein contained shall prevent the Agency from commencing an interpleader action to

determine eptitlement to a disputed payment in accordance with section one thousand six

of the civil practice law and rules or any successor provision thereto.

F.

Payment to a fringe benefit fund under this provision shall not

relieve the General Contractor or Delinquent Contractor from responsibility for the work

covered by the payment. Except as otherwise provided, nothing contained herein shall

create any obligation on the part of the Agency to pay any union or fringe benefit fund, nor

shall anything provided herein serve to create any relationship in contract or otherwise,

implied or expressed, between the union/fund and/or fringe benefit and the Agency.

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Execution Copy 2015-2018

Solicitation and Contract Version - June 2016