NYC 9/11 Public Portal Document
January 7,2005
James Cox, Esq., Chief
Office of the New York City Comptroller
DEPARTMENT OF
ENVIRONMENTAL Law Division
PROTECTION 1 Centre Street, Room 1200
89-17 Junction Boutevard New York, New York 10007-2341
Rushing, New Yoik 11373
David B. Tweedy PRIVILEGE & CONnPENTIAL
Acting Commissioner CLAIM/ACTION/DISPUTE PENDING
Tel. (718) 595-6576 Claim No.: 2004LW021897
Fax (718) 595-3557
[email protected] Contractor: Termon Construction, Inc.
Contract No.: 20030010730
Project: WTC-ARD/WTC Indoor Air Remediation
Mark D. Hoffer
General Counsel
Dear Mr. Cox:
Bureau of Legal
Affaire
Tel (718) 595-6555
I am writing in response to your request of October 13,2004 addressed to
Fax (718) 595^543 First Deputy Commissioner David B. Tweedy. I am enclosing the requested
mhoffiwaktep.n»Rgcv information for the above-referenced claim filed by Steven A. Stallings, Esq.,
www.nyc.govZdep on behalf of Termon Construction, Inc. (Termon). The New York City
Department of Environmental Protection’s (NYCDEP) Bureau of
Environmental Compliance provided this material.
Several allegations set forth in Termon’s claim require clarification. Termon
filed its claim with the Comptroller on October 6,2004. Prior thereto.
Termon filed a Notice of Dispute with DEP, dated August 19,2004. A
response to the Notice of Dispute, dated October 28,2004, was rendered and
sent to Termon, prior to my knowledge of the claim filed with the
Comptroller. However, Mr. Stalling’s statement that the only communication
Termon had with DEP was my request for clarification concerning a change
order is erroneous. Following receipt of Mr. Stallings September 30,2004
clarification, he and I exchanged several messages, during which time I
advised that DEP’s response to Termon’s Notice of Dispute would be
forthcoming.
As I mentioned to you during our telephone conversation on December 8,
2004, the New York City Law Department’s WTC Unit has the actual file
containing Termon’s Contract; however. Termon attached a copy to the
Notice of Dispute filed with the Agency, so I am forwarding that copy for
your review.
As is set forth in Acting Commissioner Tweedy’s Response to Termon’s
Dispute, the United States Environmental Protection Agency (USEPA) funded
this project through the Federal Emergency Money Act (FEMA). BEC staff
( www.nyc.gov/ e j
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