Image Credit: Triton.

Contractor redesigned and re-fabricated roof of rink as part of a time and materials contract. On September 19, 2013, the Department of Design and Construction awarded a $5.1 million contract to Triton Structural Concrete, Inc. to construct the Ocean Breeze Indoor Horse Riding Arena in Staten Island. The rink was to serve as the headquarters for Helping Others Overcome Personal Handicaps, a therapeutic riding program. Because of 2012’s Superstorm Sandy, the DDC required an enclosed canopy for the rink.  Triton submitted a design for the canopy which was criticized by DDC for not showing how the soffit under the canopy would extend as a continuous structure.  Following additional discussions Triton designed and fabricated the canopy.  When the materials arrived on site, DDC objected to the fabricated materials and required Triton to redesign and reconstruct the canopy.  Triton sought an additional $88,674 for the extra work.

Associate Commissioner Mark Canu denied Triton’s claim for additional compensation. Triton appealed to the Comptroller who affirmed Commissioner Canu’s denial, and Triton appealed to the Contract Dispute Resolution Board.

The Contract Dispute Resolution Board rejected Triton’s claim. The Appeals Board found that Triton had failed to follow procedures required under the contract for documenting extra work in a time-and-materials contract.  Triton had failed to submit daily reports showing the name of each worker, the hours worked, the character of the work, and the nature and quantity of materials. Failure to follow these procedures on a time-and-materials contract warranted a denial of the claim.

The Board also rejected Triton’s contentions that the extra work was to be a lump sum contract, and that the City had waived the reporting procedures by prior practices in other contracts.

Triton Structural Concrete, Inc. v. Department of Design and Construction, OATH Index No. 1300/17 (Aug. 11, 2017). CityADMIN