Dec 103 min read

NEW NYSDOL Contractor and Subcontractor Registry: What You Need to Know

Updated: Dec 17

As of December 30, 2024 under Article 8 of the Labor Law – if you are a Contractor or Subcontractor performing work on, or bidding on, a “covered project” – you are required to register on the NYSDOL Contractor and Subcontractor Registry and receive a Certificate of Registration.

This new NYSDOL law defines the following:

Contractor

Contractor is defined as any entity entering into a contract to perform construction, demolition, reconstruction, excavation, rehabilitation, repair, installation, renovation, alteration, or custom fabrication, which is subject to Article 8 of the Labor Law.

Subcontractor

Subcontractor is defined as any entity subcontracting with a contractor to perform construction, demolition, reconstruction, excavation, rehabilitation, repair, installation, renovation, alteration, or custom fabrication, which is subject to Article 8 of the Labor Law.

CNS has confirmed with the NYSDOL that Asbestos Abatement Contractors, Lead Abatement Contractors and/or Mold Remediation Contractors are included in the classification of Contractors or Subcontractors when performed on prevailing wage jobs, as it relates to Article 8 on Covered Projects.

In addition, the Professional Abatement Contractors of New York (PACNY) confirmed that this Registry only applies if you have employees subject to NYS Prevailing Wage Requirements - which means this requirement does not apply to most consultants. Notwithstanding, we recommend that you read through this new law to determine if it applies to you.

Covered Projects

Covered project is defined through Article 8 as follows:

“Covered project" means any project subject to Article 8 including but not limited to: public work projects, some private projects, and those subject to the provisions of Sections 224-a and 224-d. (See Section 220-i)

Section 224-a Definition: “Covered project" means Construction work done under contract which is paid for in whole or in part out of public funds (as defined in this section) where the amount of all public funds is at least 30% of the total construction project costs and where such project costs are over $5 million dollars except as provided for by Section 224-c (Public Subsidy Board)

*See Section 224-a of Article 8 for the full definition of “Public Funds”. This can include but is not limited to payments by a public entity, tax benefits and filings (including Brownfields), loans, credits, benefits under real property tax law, and more.

*Also see Section 224-a (4)(a) – (k) of Article 8 for the full text of exclusions to covered projects.

Section 224-d Definition: “Covered project” means a covered renewable energy system as defined within Section 224-d (1)

Private projects subject to Article 8 of the Labor Law include those covered by Labor Law Section 224-a (public subsidy funded projects), Section 224-d (renewable energy systems), Section 224-e (broadband projects), and Section 224-f (climate risk-related and energy transition projects, and roadway excavations).

Deadline

Contractors need to register before submitting any new bids on a covered project on or after December 30, 2024.

Both Contractors and Subcontractors need to register before commencing new work on a covered project on or after December 30, 2024.

Costs

Nonrefundable registration fee of $200; or

Reduced nonrefundable registration fee of $100 for NYS-certified MBE or WBE firms.

*There is an additional $1.97 credit card processing fee for all applications.

Certification Period

Your Certificate of Registration is valid for two (2) years from the date of registration.

You must renew at least 90-days before the expiration date, and you will receive a reminder to renew through the Contractor Registry.