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Claim response letter, WTC site, Jan 2005

Machine-extracted title · confidence 95%

Legal correspondence responding to a claim filed by a contractor regarding work performed at the World Trade Center site.

NYC-WTC_000165860–000165862

Folder label: “Athenica D Terms

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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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NYC-WTC_000165860Source: NYC Law Department, mirrored locally

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