United States · New York civil procedure
When must an ordinary State contract claim be filed and served?
CTC 10(4) ordinarily requires a qualifying State contract claim within six months of accrual. A valid timely notice has a separate two-year branch.
- Period
- 6 months
- Trigger
- Independently established accrual of this contract claim
- Rule
- Court of Claims Act 10(4), 11
Current official provision, website revision from 2026-02-20. Reviewed. A revision label is not an inferred effective date.
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Which event starts the Court of Claims Act 10(4), 11 requirement?
Establish Court of Claims jurisdiction, the State defendant and the contractual cause’s accrual.
Retain the contract and breach or payment facts supporting that accrual. Do not assume every invoice date establishes it.
Responsible actor. The claimant filing and serving the qualifying State contract claim. The ordinary six-month CTC 10(4) branch, without an extended notice-of-intention period, disability or granted late-claim relief.
Court of Claims Act 10(4), 11How is the calendar-month or year boundary calculated?
- Establish Court of Claims jurisdiction, the State defendant and the contractual cause’s accrual.
- Retain the contract and breach or payment facts supporting that accrual. Do not assume every invoice date establishes it.
- Use calendar months and the corresponding day, or the final day of a shorter month, under GCL 30.
- Complete both claim filing with the Court of Claims clerk and service on the attorney general within the statutory period. CTC 11 requires personal or certified return-receipt service; certified service completes at actual receipt. Establish any permitted separate electronic-service agreement independently. NYSCEF filing alone does not serve the claim.
GCL 20 excludes the established event day. These five-, ten-, fifteen-, twenty-, twenty-one-, thirty-, sixty- and ninety-day periods count intermediate calendar days. GCL 30 uses the corresponding calendar-month day, or the final day of a shorter month. GCL 58 defines a year as twelve months. GCL 25-a permits the next succeeding business day when the statutory final day is closed and expressly includes periods before which an act is required. The actual hearing or entry time and any different court direction remain separate checks. The independent calendar follows GCL 24 and Election Law 8-100. It includes Lincoln’s Birthday, the second Sunday in June as Flag Day, Juneteenth and general election day. GCL 24 adds the following day for a listed Sunday holiday except Flag Day. It does not generally move a Saturday holiday to Friday. Dates after 2027 are projections of the reviewed standing statute through 2033, not proof of future court openings. Check amendments, additional appointed holidays and actual closures separately.
The scoped calculators accept independently established events in 2026 and 2027 and projected final dates through 2033. They require the particular disclosed branch, no unsupported service-method addition, no unmodeled toll, no different actual court order and no additional closure. Earlier editions, historical tolls and outside dates require separate review and receive no computed or paid date. This software boundary does not establish that an act is legally late.
General Construction Law 30, corresponding calendar monthWhat does the independently derived example establish?
Fictitious example
The ordinary six-month CTC 10(4) branch, without an extended notice-of-intention period, disability or granted late-claim relief. Fictitious established facts. The ordinary six-month CTC 10(4) branch, without an extended notice-of-intention period, disability or granted late-claim relief.
| Step | What is counted | Date |
|---|---|---|
| Established procedural event | Independently established accrual of this contract claim | September 1, 2026 |
| Disclosed statutory component | 6 months | Monday, March 1, 2027 |
Fictitious established facts. The date does not prove classification, valid service, jurisdiction, completed filing, a granted motion or an extension. Any earlier competing boundary, actual hour and future-calendar qualification still applies.
Try these dates in the calculatorWhich facts change this requirement?
- Valid notice alternative
- A qualifying notice served within six months permits the claim within two years from accrual. This preset computes the ordinary branch.
- Service and contents
- CTC 11 requires the applicable verified contents and service on the attorney general. Certified return-receipt service completes on actual receipt, not posting. Certain defendants must also be served.
- Different statutory branches
- CTC 10(5)-(11) addresses legal disability, actual late-claim relief, toxic-injury accrual, incarcerated-property claims, child-sexual-conduct exclusions and specified 214-j or 208-a claims. This ordinary preset excludes those branches.
- Edition and projected calendar
- The scoped calculators accept independently established events in 2026 and 2027 and projected final dates through 2033. They require the particular disclosed branch, no unsupported service-method addition, no unmodeled toll, no different actual court order and no additional closure. Earlier editions, historical tolls and outside dates require separate review and receive no computed or paid date. This software boundary does not establish that an act is legally late.
- The ordinary six-month CTC 10(4) branch, without an extended notice-of-intention period, disability or granted late-claim relief.
- Use only the disclosed statutory component. Establish every omitted branch separately.
Which completed acts and evidence should be retained?
Questions about Court of Claims Act 10(4), 11
When must an ordinary State contract claim be filed and served?
Does six months always mean 180 days?
No. GCL 30 uses calendar months and a corresponding final-month day.
General Construction Law 30Does a valid notice’s service start the extended two years?
The statutory extended branch still measures two years from original accrual.
Court of Claims Act 10(4), 11Can ordinary first-class mailing serve the State claim?
CTC 11 specifies personal or certified return-receipt service. A separate permitted electronic agreement must be established.
Court of Claims Act 11Official procedural, counting and completion sources
Provisions used (12)
| Provision | Purpose |
|---|---|
| Court of Claims Act 10(4), 11 | The particular actor, event, period and required act |
| Court of Claims Act 11 | Service and contents |
| General Construction Law 30 | Corresponding month day and shorter-month end |
| Court of Claims Act 11, claim filing and service | Service and contents |
| 22 NYCRR 206.5(a), clerk filing and service proof | Branch-specific service or filing completion |
| 22 NYCRR 206.5-aa(c), (e), (f) | Branch-specific service or filing completion |
| General Construction Law 20, event-day exclusion | Event-day exclusion |
| General Construction Law 30, corresponding calendar month | Corresponding month day and shorter-month end |
| General Construction Law 58, statutory year | Statutory year and leap-year treatment |
| General Construction Law 24, public holidays | Statutory public holidays |
| General Construction Law 25-a, closed final day | Closed final statutory day |
| Election Law 8-100(1)(c), general election day | General election day |