Public Works Contracts

 

• The information below will vary by contract and it is important to follow your contract.

• Notify the Agency as soon as the claim issue arises.

• Filing time limits usually start from denial date and substantial completion date.

• Sample of Notices can be found here.

​

DDC / NYC Comptroller Review

​

• These contracts have very short deadlines to commence litigation.

• The City often tries to drag out negotiations so contractors will miss the deadline and the claim becomes time barred per Article 56. 

• 7-days of being aware of a delay provide a Notice of Delay. to the Agency.

• 30-days post Notice of Delay, submit the delay cost calculations.

• 6-months of certificate of substantial completion, immediately notify TMG and file a lawsuit against the Agency.

• 5-months of certificate of substantial completion, submit a Final Verified Statement of Claims (FVSC) pursuant to Article 44 and Article 11 containing all claim costs. FVSC must be included with the claim submission. 

• 30-days of FVSC submission, file a lawsuit against the Agency to expedite the claim review process.

​

SCA / NYCHA / DASNY

​

• Within 6 months of payment denial by the Agency, immediately notify TMG and file a lawsuit against the Agency as per the deadline under Public Authorities Law 1744.

• Check your contract to see if any shorter notification provisions exist.

• Notify TMG/Attorney if you are ever unsure about the calculation of a deadline.

​

Office of General Services (OGS)

​

• Within 6 months of time of claim accrual a "Notice of Claim" or a "Notice of Intention to File Claim" must be filed with the Attorney General’s Office .

• At the latest claim would accrue at substantial completion but it could accrue earlier if the claim is denied earlier.
  .