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MATTER OF TUTOR PERINI CORP. v. CITY OF N.Y. OFF. OF ADMIN. TRIALS & HEARINGS CONTRACT DISPUTE RESOLUTION BD.

Index No. 161175/19. Appeal No. 13700. Case No. 2020-04612.

193 A.D.3d 665 (2021)

148 N.Y.S.3d 64

2021 NY Slip Op 02620

In the Matter of Tutor Perini Corporation, Appellant, v. City of New York Office of Administrative Trials and Hearings Contract Dispute Resolution Board et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 29, 2021.

Attorney(s) appearing for the Case

Hinckley Allen & Snyder, LLP, Albany ( James J. Barriere of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York ( Lorenzo Di Silvio of counsel), for respondents.

Concur—Webber, J.P., Singh, González, Shulman, JJ.

CDRB had a rational basis for determining that petitioner Tutor Perini's claims were not for "extra work," as it urged, but rather for delay damages, which are barred by a no-damages-for-delay clause in its construction contract with DOT (see Matter of Start El., Inc. v City of New York, 104 A.D.3d 488 [1st Dept 2013]). In reviewing Tutor Perini's requests for equitable price adjustments, it is apparent that the costs it incurred...

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