NYC 9/11 Public Portal Document
TERMON CONSTRUCTION INC.
388 THIRD AVENUE
BROOKLYN, NY 11215
(718) 694-0900
August 9, 2004
Commissioner Christopher 0. Ward
New York City Department of -o < <-
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Environmental Protection ~7
59-17 Junction Boulevard "
Flushing, NY 11373 ; mz
Re: Contract WTC-ARD
PIN Number: 82603WTCIARD
Emergency World Trade Center Indoor Air Remediation
Quandrant D, Manhattan
Dear Commissioner Ward:
The following constitutes Termon Construction Inc.'s ("Termon") Notice
of Dispute pursuant to Article 19.4(a) of the above-referenced contract (the "Contract").
A copy of the Contract is submitted herewith as Exhibit A.
Background
On June 8, 2004, Termon submitted to the New York City Department of
Environmental Protection a request that the Contract's Engineer make a determination on
several issues on which Termon believes entitles it to additional compensation. Termon
never received a response. Pursuant to Article 19.2 of the Contract, the Engineer's
failure to respond is deemed a non-determination and Termon is, therefore, submitting its
claim to you pursuant to Article 19.4(a).
This Contract involved the cleaning of certain apartment buildings located
in Battery Park City after the disaster at the World Trade Center on September 11, 2001.
Pursuant to the Scope of Work included in the Contract, Termon was responsible for the
cleaning of common areas, residential apartments and the buildings' HVAC systems on a
unit price basis. The Scope of Work issued for the Contract separately specified the
contractor's responsibility with regard to the cleaning in each of these areas. There was
no site visit held prior to the date the bids were due and investigating the areas, especially
NYC-WTC 000135977
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