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NO SILVER LINING FOR SILVERITE

benchnotes_oath.gif Contractor's inability to calculate exact damages did not excuse late filing.

A contractor petitioned the Contract Dispute Resolution Board ("CDRB"), claiming additional compensation for extra work at Wards Island Pollution Control Plant. The CDRB, with ALJ Miller sitting as Chair, found that the contractor had not followed the dispute resolution process set out in the applicable City regulation and the contract. Specifically, the contractor filed its Notice of Claim late with the Comptroller, but claimed it should be excused because it had been unable to calculate damages any earlier, and filed as soon as it was able to do so. The CDRB found this was not good cause to file late, and that other reasons for the lateness put forth by the contractor were also without merit. The CDRB dismissed the petition.

Silverite Construction Co., Inc. v. Dep't of Environmental Protection (in PDF), OATH Index No. 1723/12, mem. dec. (July 20, 2012).

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