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WAS THIS UNANTICIPATED?

Contracts

CDRB awards $154,102.95 for removal of unanticipated obstruction.

A contractor brought a dispute, which arose from a contract for the construction of a sanitation garage, for additional payment of $154,102.95 to cover the cost of excavating and removing large portions of brick foundation walls. The Contract Dispute Resolution Board (CDRB), chaired by ALJ Raymond E. Kramer, found that the contract only required the contractor to incur the cost of excavating anticipated obstructions.

DeMatteis/Darcon, J.V. v. Dep't of Design & Construction, OATH Index No. 884/14, mem. dec. (Apr. 11, 2014).

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