Preserve Specific Claims When Requesting More Time on a Public Contract

Reviewed September 7, 2026.

A time-extension request can also waive claims if the contract requires detailed reservations. In Matter of LAWS Construction Corp. v. Contract Dispute Resolution Board, 145 AD3d 523 (2016), the First Department upheld determinations that a broadly worded list in the sixth extension request did not adequately preserve the claims at issue.

The contractor could not rely on the City's treatment of earlier requests to overcome the contract's anti-estoppel provision and the general limits on estoppel against government entities. The court also upheld treatment of one claimed cost increase as delay damages barred by the contract.

Review the request before it is sent

Identify each reserved claim, its factual basis, affected work, dates and requested relief with the detail the contract requires. Check for releases in extensions, change orders and payment applications. A general reservation of “all rights” may not satisfy a specific requirement.

Keep the notices, supporting documents and proof of submission together. Seeking more time, preserving a compensation claim and pursuing the prescribed dispute procedure can involve separate obligations and deadlines.

Kushnick Pallaci PLLC assists clients throughout New York with public construction contracts and procurement. Contact 631-752-7100 or vtp@kushnicklaw.com.

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