Claim for costs associated with overspray clean-up denied.
The Contract Dispute Resolution Board, chaired by ALJ Richard, denied a general construction contractor's claim for additional compensation from the Department of Sanitation for costs associated with removing fireproofing material that was accidentally over-sprayed by one of its subcontractors onto work and equipment of the heating, ventilation, and air conditioning (HVAC) contractor during the construction of a garage.
Tully Construction Co., Inc. v. Dep't of Sanitation (in PDF), OATH Index No. 2321/09, mem. dec. (July 21, 2009).