A contractor aggrieved by a final written decision of the department Engineer may appeal in writing to the ALJ, who holds a hearing and then writes a report and recommends a decision to the Secretary. The procedure to be followed in making appeals to the ALJ is set forth in the Standard Provisions for Highways and Bridges at Subsection 7.16.
The majority of appeals before the ALJ involve road and bridge contract disputes as, for example, contractor claims for additional payment due for extra work, alterations in the work, changed conditions, increased or decreased quantities and the like. Appeals may also arise from contractor petitions to the MassDOT Highway Division Administrator to favorably exercise her discretion-for example, to allow an equitable adjustment in the contract price for costs of delay not the fault of the contractor.
The following list of approved contract appeal decisions is indexed by contractor, contract number, subject matter, disposition and date. The full text of each decision may be seen by clicking on the disposition.
| Claimant |
Contract No. |
Claim |
Disposition |
Year |
| S & R Corporation |
44341 |
Report to Secretary |
Allowed
Cover Letter
Details |
2012 |
| B&E Construction Corporation |
34574 |
Delay |
Dismissed |
2011 |
| AGM Marine Contractors, Inc. |
98453 |
Delay |
Denied |
2011 |
| N.E.L. Inc. |
38741 |
Emergency Repairs |
Denied |
2010 |
| J. Tropeano, Inc. |
33279 |
Unforseen site Condition |
Dismissed |
2010 |
| Electrical Contractors, Inc. |
32137 |
Delay |
Dismissed |
2010 |
| N.E.L. Inc |
39741 |
Specification dispute |
Denied |
2009 |
| J. Tropeano, Inc. |
33279 |
Specification dispute |
Dismissed |
2009 |
| Gardner Engineering, Inc. |
32160 |
Specification dispute |
Allowed |
2007 |
| Tilcon Capaldi, Inc. |
31089 |
Extra work |
Denied |
2007 |
| David Krutiak Construction, Inc. |
N/A |
Relocation damages |
Allowed in part |
2007 |
| Fiore Construction Co., Inc. |
30040 |
Specification dispute |
Denied |
2007 |
| Todesca Equipment Co. |
89123 |
Final quantity |
Dismissed |
2006 |
| Modern Continental Construction |
33157 |
Parallel Claim in Court |
Dismissed |
2006 |
| L.A.L.Construction Inc. |
99231 |
Extra work |
Denied in part |
2006 |
| A.R. Belli |
32088 |
“As equal” material |
Denied |
2006 |
| Middlesex Corp. |
98182 |
Specification dispute |
Allowed |
2006 |
| Middlesex Corp. |
99121 |
Specification dispute |
Allowed |
2006 |
| Derbes Brothers, Inc. |
98204 |
Final quantity Adjustment |
Denied |
2006 |
| Baltazar Contractors, Inc. |
31055 |
Specification dispute |
Allowed |
2006 |
| A.F. Amorello & Sons |
32067 |
Specification dispute |
Denied |
2006 |
| Kinoo, Inc. |
96159 |
Parallel claim |
Dismissed |
2005 |
| North American Bridge Corp. |
97187 |
Liquidated damages |
Set aside |
2005 |
| McCourt Construction, Inc. |
95284 |
Payment dispute |
Allowed |
2005 |
| Angelo Todesca Corp |
93286 |
Final quantity Adjustment |
Denied |
2005 |
| Renz Painting, Inc. |
97426 |
Parallel claim in court Dismissed |
Dismissed |
2005 |
| Renz Painting, Inc. |
97425 |
Parallel claim in Court |
Dismissed |
2005 |
| Renz Painting, Inc. |
97424 |
Parallel claim in Court |
Dismissed |
2005 |
| Renz Painting, Inc. |
97421 |
Parallel claim in Court |
Dismissed |
2005 |
| RDA Construction, Corp |
96286 |
Final quantity Adjustment |
Allowed |
2005 |
| Daniel O’Connell’s Sons |
93477 |
Moot |
Dismissed |
2005 |
| Northern Construction Co. |
31165 |
Extra work |
Denied |
2005 |
| Lawrence-Lynch Corp. |
98402 |
Extra work |
Allowed |
2005 |
| HNTB Consultants, Inc. |
92670 |
Moot |
Dismissed |
2005 |
| Derbes Brothers, Inc. |
98035 |
Final Quantity Adjustment |
Denied |
2005 |
| DeLucca Fence Co., Inc. |
32047 |
Guardrail |
Dismissed |
2005 |
| Bardon Trimount, Inc |
99080 |
Payment |
Allowed |
2005 |
| AGM Marine Contractors |
98032 |
Extra work |
Allowed |
2005 |
| Bardon Trimount, Inc. |
93174 |
Final quantity adjustment |
Allowed |
2005 |
| SPS New England, Inc |
99118 |
Extra work |
Denied |
2005 |
| B& E Construction Corp. |
98442 |
Extra work |
Denied |
2005 |
| Bardon Trimount, Inc. |
97071 |
Extra work |
Denied |
2005 |