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Contract Dispute Resolution Board denies claim for additional compensation.

Under a value engineering change provision contained in its contract to reconstruct a pedestrian bridge for the Department of Transportation ("DOT"), the contractor was entitled to 50% of the cost savings resulting from its proposed contract change. The parties disagreed on the value of the contractor’s share of the savings, with the contractor claiming it was $126,160.25 and DOT asserting that it was only $46,505.75.

(Because, among other things, the contractor failed to timely file a notice of claim with the New York City Comptroller's office, the administrative tribunal found in DOT's favor.)

Ferreira Construction Co. v. Dep't of Transportation (in PDF), OATH Index No. 1619/12, mem. dec. (Nov. 16, 2012).

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