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Home » NY Bridge Contractor Sues Thruway Authority To Gain Pay Claim Records
TransportationFinanceGovernmentProject deliveryRisk

NY Bridge Contractor Sues Thruway Authority To Gain Pay Claim Records

November 27, 2019
Debra K. Rubin
KEYWORDS NY state Thruway Authority / payment claim / Tappan Zee Constructors
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Tappan Zee Constructors, the consortium led by Fluor Corp. for the fixed-price design-build construction of the $4-billion Tappan Zee replacement bridge north of New York City, filed suit Nov. 18 against the New York State Thruway Authority in state supreme court, confirming a previously filed $900-million claim for added payment and saying the agency is blocking document release to support it.

TZC alleges the state violated statev public disclosure law by impeding its access for about 18 months to records for the 3.1-mile, twin-span Gov. Mario M. Cuomo bridge across the Hudson River, which opened in September 2018.

A consortium spokeswoman declined further detail on the claim.

The authority “has intentionally delayed producing the requested records to frustrate TZC’s ability to advance claims that it has made … and is attempting to resolve pursuant to [the project] contract’s dispute resolution provisions,” says the suit.

TZC contends that since April 2018, “on a monthly basis, [the agency] has unilaterally extended its time to respond, without objecting to producing a particular document or category of documents … or otherwise providing any specific basis to deny all or part of the request.”

Among documents TZC seeks are records of 2016, 2017 and 2018 project budgets, 2016 and 2017 state funding, contingency amounts in agency budgets and agency-to-state comptroller correspondence on payment requests.

TZC’s suit acknowledges receiving “partially redacted” documents but says the authority “has delayed review and resolution of … claims.”

An authority spokeswoman says the project “remains within its $3.98-billion budget and the claim filed by the contractor is obviously nothing more than an ineffective negotiating tactic.”

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As ENR Editor-at-Large for Management, Business and Workforce, Debra K. Rubin has a broad vantage for news, issues and trends in global engineering, architecture and construction—from corporate finance and executive management to regulation and risk, next-generation workforce and developing markets such as offshore wind energy.

Debra also launched and manages ENR's Top 200 Environmental Firms ranking, which defines a $51-billion global market; is editor of ENR WorkforceToday e-newsletter on industry talent management; and supervises content for the Industry Buzz page, which leads ENR’s monthly Contractor Business Strategy report. She also is an organizer of ENR's annual Groundbreaking Women in Construction conference, a major AEC industry forum for talent management and women's career advancement.

Click here for more detail on the 2019 conference in May in San Francisco and plans in formation for the 2020 event.

Debra's reporting for ENR on the 2001 Ground Zero attack damage, response and recovery earned a Jesse B. Neal award from B2B media giant Connectiv and is featured in the National September 11 Memorial & Museum in New York City.

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