N.Y. General Business Law § 757 (2026)

§ 757. Void provisions. The following provisions of construction
contracts shall be void and unenforceable:
  1. A provision, covenant, clause or understanding in, collateral to or
affecting a construction contract, with the exception of a contract with
a material supplier, that makes the contract subject to the laws of
another state or that requires any litigation, arbitration or other
dispute resolution proceeding arising from the contract to be conducted
in another state.
  2. A provision, covenant, clause or understanding in, collateral to or
affecting a construction contract stating that a party to the contract
cannot suspend performance under the contract if another party to the
contract fails to make prompt payments under the contract.
  3. A provision, covenant, clause or understanding in, collateral to or
affecting a construction contract stating that expedited arbitration as
expressly provided for and in the manner established by section seven
hundred fifty-six-b of this article is unavailable to one or both
parties.
  4. A provision, covenant, clause or understanding in collateral to or
affecting a construction contract establishing payment provisions which
differ from those established in subdivision three of section seven
hundred fifty-six-a and section seven hundred fifty-six-b as applicable.
  5. A provision, covenant, clause or understanding in, collateral to or
affecting a construction contract requiring retainage as expressly
provided for by section seven hundred fifty-six-c of this article in an
amount exceeding five percent of the contract sum.