CITY OF NEW YORK STANDARD CONSTRUCTION CONTRACT
March 2017
damages, together with documentary evidence of such damages. The Contractor may submit any of the
above statements within such additional time as may be granted by the Commissioner in writing upon
written request therefor. Failure of the Commissioner to respond in writing to a written request for
additional time within thirty (30) Days shall be deemed a denial of the request. On failure of the
Contractor to strictly comply with the foregoing provisions, such claims shall be deemed waived and no
right to recover on such claims shall exist. Damages that the Contractor may claim in any action or
dispute resolution procedure arising under or by reason of this Contract shall not be different from or in
excess of the statements and documentation made pursuant to this Article 30. This Article 30.1 does not
apply to claims submitted to the Commissioner pursuant to Article 11 or to claims disputing a
determination under Article 27.
30.2 In addition to the foregoing statements, the Contractor shall, upon notice from the
Commissioner, produce for examination at the Contractor’s office, by the Engineer, Architect or
Project Manager, all of its books of account, bills, invoices, payrolls, subcontracts, time books, daily
reports, bank deposit books, bank statements, check books, and cancelled checks, showing all of its acts
and transactions in connection with or relating to or arising by reason of this Contract, and submit itself
and persons in its employment, for examination under oath by any person designated by the
Commissioner or Comptroller to investigate claims made or disputes against the City under this
Contract. At such examination, a duly authorized representative of the Contractor may be present.
30.3 In addition to the statements required under Article 28 and this Article 30, the Contractor
and/or its Subcontractor shall, within thirty (30) Days upon notice from the Commissioner or
Comptroller, produce for examination at the Contractor’s and/or Subcontractor’s office, by a
representative of either the Commissioner or Comptroller, all of its books of account, bid documents,
financial statements, accountant workpapers, bills, invoices, payrolls, subcontracts, time books, daily
reports, bank deposit books, bank statements, check books, and cancelled checks, showing all of its acts
and transactions in connection with or relating to or arising by reason of this Contract. Further, the
Contractor and/or its Subcontractor shall submit any person in its employment, for examination under
oath by any person designated by the Commissioner or Comptroller to investigate claims made or
disputes against the City under this Contract. At such examination, a duly authorized representative of
the Contractor may be present.
30.4 Unless the information and examination required under Article 30.3 is provided by the
Contractor and/or its Subcontractor upon thirty (30) Days’ notice from the Commissioner or
Comptroller, or upon the Commissioner’s or Comptroller’s written authorization to extend the time to
comply, the City shall be released from all claims arising under, relating to or by reason of this
Contract, except for sums certified by the Commissioner to be due under the provisions of this
Contract. It is further stipulated and agreed that no person has the power to waive any of the foregoing
provisions and that in any action or dispute resolution procedure against the City to recover any sum in
excess of the sums certified by the Commissioner to be due under or by reason of this Contract, the
Contractor must allege in its complaint and prove, at trial or during such dispute resolution procedure,
compliance with the provisions of this Article 30.
30.5 In addition, after the commencement of any action or dispute resolution procedure by the
Contractor arising under or by reason of this Contract, the City shall have the right to require the
Contractor to produce for examination under oath, up until the trial of the action or hearing before the
Contract Dispute Resolution Board, the books and documents described in Article 30.3 and submit itself
and all persons in its employ for examination under oath. If this Article 30 is not complied with as
required, then the Contractor hereby consents to the dismissal of the action or dispute resolution
procedure.