The contractor who was tapped to lead the dredging of the Rye marina is now suing the city, alleging delays in the $3.3 million project due to the city’s failure to secure a disposal contract.
H&L Contracting, a Long Island-based company hired by the city in October 2022 to dredge the marina, was prohibited from starting the project on time until the city had authorized a way to dispose of the dredged material causing cost overruns, according to a lawsuit filed on Jan. 9 in Westchester County Supreme Court. When the contractors attempted to start on the requested date in November 2023, the city had yet to contract Clean Earth, a waste management company, to treat and dispose of dredging materials, the lawsuit alleges.
Due to contamination in the sediment, the dredged material had to be taken offsite to a permitted facility.
Once the city reached an agreement on a contract with Clean Earth, H&L began the project but faced additional delays when Clean Earth initially refused to accept the material, the court filing contends.
In total, the dredging project was delayed 14 days and was not completed until January 2024, according to the lawsuit. The contractor claims the city owes them for the costs incurred due to delays as well as the city’s failure to compensate them for timber piles they purchased.
The contractors are seeking $270,000 in damages.
“At the time of the contract, it was agreed that the City would pay Clean Earth for the treatment and disposal of the dredged material from the boat basin,” the lawsuit states. “”The City undertook the fundamental obligation for the disposal of the dredge materials.”
H&L claims the city committed a “fundamental breach of its agreement” by failing to arrange timely disposal of the dredged material, calling the city’s inaction “grossly negligent.”
City Manager Greg Usry declined to comment and Corporation Counsel Kristen Wilson could not be reached for comment.
The city launched the dredging project in 2023 to address ongoing silt buildup in Milton Harbor, which had caused vessels to run aground in the water and caused limited access for boats along the harbor. The waterway is also designated as a federal channel, which is managed and monitored by the U.S. Army Corps of Engineers.
In 2022, the U.S. Coast Guard warned Rye that it would remove federal channel markers due to insufficient water depth.
H&L specializes in land and marine construction, with experience in dredging, bridge rehabilitation, coastal protection, and jetty construction, according to its website.
The company recently completed a $1.86 million dredging and beach replenishment project at Barnegat Lighthouse State Park in New Jersey, removing 25,000 cubic yards of material to restore safe navigation in the High Bar Channel. However, the new sand placed near the jetty has since collapsed, creating deep holes and prompting officials to close off parts of the beach for safety, according to NJ.com.
