Contracts
Contract Dispute Resolution Board (CDRB) finds contractor ineligible for
interest payment sought.
A contractor who renovated Ferry Point Park in the Bronx petitioned the
Contract Dispute Resolution Board ("Board") seeking interest
under the Prompt Payment provisions in its contract with the City because
it received payment more than 30 days after it submitted its invoice.
The City argued that the contractor calculated the invoice date incorrectly,
and that a dispute about interest was not within the Board's jurisdiction.
With ALJ Ingrid M. Addison sitting as chair, the Board disagreed, finding
that because it involved interpretation of the contract, the dispute was
within the Board's jurisdiction. The Board further held that because
the City had taken a deduction against the sum initially claimed on petitioner's
invoice, the ultimate payment to petitioner was ineligible for interest
under the contract and the relevant Procurement Policy Board rules.
Laws Construction Corp. v. Dep't of Parks & Recreation (in PDF), OATH Index No. 1362/12, mem. dec. (Aug. 14, 2012).