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NO OTHER WAY TO PAINT THIS

oath_nyc_office_administrative_trials_banner_nyreblog_com_.jpg CDRB finds plumbing contractor was required by contract to paint sprinkler pipes at garage in Queens.

A plumbing contractor appealed a determination that a $59,737 credit be taken against the contractor because it would not paint sprinkler piping it had installed at a Sanitation garage facility. The contractor argued that it was only required to paint items explicitly listed in the contract specifications and the piping was not so listed. The Contract Dispute Resolution Board, chaired by ALJ Casey, found an obligation to paint the piping existed in both the contract specifications and drawings. To the extent that there was any ambiguity, the contractor had a duty to clarify.

Grand Mechanical Corp. v. Dep't of Sanitation (in PDF) , OATH Index No. 378/12, mem. dec. (Jan. 12, 2012).

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