Arbitrators Rule in DOT’s Favor for Tomlinson Bridge Claim

Wed February 23, 2005 - Northeast Edition

Transportation Commissioner Stephen E. Korta II has announced that the Connecticut Department of Transportation (CDOT) has won an arbitration case against White Oak Corporation, of Plainville, CT, involving the contract for the replacement of the Tomlinson Bridge in New Haven. The American Arbitration Association was designated in accordance with CGS 4-61 to decide the award.

White Oak Corporation claimed it was unable to perform the Tomlinson Bridge project because of delays caused by the DOT. White Oak also argued that DOT terminated its contract and it therefore sought business damages as well as delay costs. White Oak valued its claim at $120 million.

The DOT argued that there was no termination of the contract and the delays were the fault of the contractor. The arbitrators awarded damages to the DOT in the amount of $1.1 million.

“Even though we were confident that our position would be upheld, this decision removes a lot of pressure from the DOT’s capital program,” Korta said. “The $120 million can now be spent on our transportation infrastructure, rather than to settle a claim.”

The DOT entered into a contract with White Oak Corporation in June 1994, for the replacement of the Tomlinson Bridge, a combined highway and railroad project involving a moveable bridge in New Haven. The contract provided a series of milestone dates for completion of the bridge, which the contractor was unable to meet.

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