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).