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As we’ve shared in earlier newsletters, contractors and subcontractors need to enroll in New York State’s Contractor Registration system before submitting any new bids or commencing new work on a covered project on or after December 30, 2024. DOL and attorneys that ECA has consulted all recommend starting with the “Preparing to Register” information page that will help you collect all of the supporting documentation that is required before beginning the registration process. Once you’ve completed your application and it has been reviewed and approved by the state, you will receive a Certificate of Registration. The registration process appears to be going well so far for contractors who have completed the online process, receiving their certificates fairly quickly. HOWEVER, as the deadline gets closer and closer, things are expected to slow down as companies rush to meet the deadline. Contractors must provide their certificate of registration to submit bids or perform new work. There is no indication that an application “in progress” will be acceptable – you will need the certificate showing that you’re registered. Because of this, we again recommend completing your part of the process ASAP to avoid delays due to an overwhelmed system. Come December 30, it is also recommended that contractors add the collection of the certificate to their internal checklists and require it along with their proposal or subcontract from their subcontractors when bidding or working on covered projects. This is because the Department of Labor expects contractors to ensure subcontractors are registered. You may also want to add language to your contracts to cover the need for the certificate. Attorneys at ECA member firm Couch White, LLP suggest the following: ? “Subcontractor acknowledges that this is a “Covered Project” under NYS Labor Law 220-I, and that Subcontractor must hold a valid Certificate of Registration from the New York State Department of Labor at all times for the duration of its Work. Subcontractor represents to Contractor that it holds a valid Certificate of Registration and will not commence or continue work without a valid Certificate of Registration. Subcontractor’s Registration Number is: _____________________________. As with other contract matters, you may want to consult your own attorney for guidance. ECA will continue to keep you posted on this matter as information becomes available. In the meantime, ECA member firm Welby, Brady & Greenblatt, LLP will host a roundtable discussion on this topic on Dec. 11. See the Training and Education section below for more information.
As we’ve shared in earlier newsletters, contractors and subcontractors need to enroll in New York State’s Contractor Registration system before submitting any new bids or commencing new work on a covered project on or after December 30, 2024.
DOL and attorneys that ECA has consulted all recommend starting with the “Preparing to Register” information page that will help you collect all of the supporting documentation that is required before beginning the registration process.
Once you’ve completed your application and it has been reviewed and approved by the state, you will receive a Certificate of Registration.
The registration process appears to be going well so far for contractors who have completed the online process, receiving their certificates fairly quickly. HOWEVER, as the deadline gets closer and closer, things are expected to slow down as companies rush to meet the deadline. Contractors must provide their certificate of registration to submit bids or perform new work. There is no indication that an application “in progress” will be acceptable – you will need the certificate showing that you’re registered. Because of this, we again recommend completing your part of the process ASAP to avoid delays due to an overwhelmed system.
Come December 30, it is also recommended that contractors add the collection of the certificate to their internal checklists and require it along with their proposal or subcontract from their subcontractors when bidding or working on covered projects. This is because the Department of Labor expects contractors to ensure subcontractors are registered.
You may also want to add language to your contracts to cover the need for the certificate. Attorneys at ECA member firm Couch White, LLP suggest the following:
?
“Subcontractor acknowledges that this is a “Covered Project” under NYS Labor Law 220-I, and that Subcontractor must hold a valid Certificate of Registration from the New York State Department of Labor at all times for the duration of its Work. Subcontractor represents to Contractor that it holds a valid Certificate of Registration and will not commence or continue work without a valid Certificate of Registration. Subcontractor’s Registration Number is: _____________________________.
As with other contract matters, you may want to consult your own attorney for guidance.
ECA will continue to keep you posted on this matter as information becomes available. In the meantime, ECA member firm Welby, Brady & Greenblatt, LLP will host a roundtable discussion on this topic on Dec. 11. See the Training and Education section below for more information.