As I have often maintained on these pages, public construction
is a rough business. All too often, public owners take positions
that unfairly burden contracting parties, with significant, often
dire, consequences. That is why, recently, it was particularly
satisfying to successfully challenge on appeal the wrongful actions
of a public owner. This enabled the contractor to stand up for what
is right, and not just accept what the agency
would deign to pay, if anything.
The matter in controversy involved the renovation of a public
school and the construction of a 5-story addition to that
school.
The dispute was concerned with the installation of sidewalk
shedding. The "as bid" plans and specifications, in the
opinion of our contractor-client, clearly delineated where
scaffolding and sidewalk shedding was to be placed. However, the
NYC School Construction Authority ("SCA"), despite the
clear content of the project drawings and specs, arbitrarily
directed the
