DEP 3-Day Notices In Error

By the time Harris and DEP can establish that the water is coming from somewhere else, the contractor has already devoted substantial time, labor and resources to the job. The permits have been obtained. The crew, trucks and machinery have been mobilized. The roadway has been opened. The connection has been accessed and tested. The work area must then be secured and restored.

Those costs are real regardless of whose line ultimately caused the leak. The balance is not a charge for an unnecessary repair. It is payment for the emergency investigation and field work that made it possible to determine and document that the property’s private water service was not responsible.

Why the Deposit Does Not Cover the Entire Cost

The initial deposit is a down payment that allows Harris to begin the emergency process. It helps cover the immediate cost of permits, scheduling, mobilization and the start of the field work. It is not intended to represent the complete cost of all labor, equipment, excavation, testing, roadway protection and restoration performed at the site.

The remaining balance reflects the rest of the work and costs incurred under the agreement.

Because underground conditions are not fully known when emergency work begins, Harris addresses this exact possibility before the job starts. Our 3-Day Notice contracts include the following provision:

“Contractor is working in adherence to a DEP 3-Day Notice. In the event the 3-Day Notice is issued in error, owner is responsible for paying contractor per contract, and contractor agrees to assist owner with the NYC Comptroller reimbursement process.”

In plain language, this means Harris must be paid for the work performed and costs incurred in responding to the notice. It also means Harris has committed in advance to assist the property owner by providing available documentation for a potential claim through the New York City Comptroller’s Office. We include this language so the possibility is explained from the beginning and the client knows Harris will remain available to help with the next step.

Harris is hired by the property owner—not by the City of New York. The City does not directly pay Harris when a notice is later determined to have been issued in error. Therefore:

1. The property owner pays Harris for the work performed under the contract.
2. The property owner may then submit a separate claim to the City for possible reimbursement.

Paying Harris does not prevent the property owner from seeking reimbursement. In fact, final invoices and proof of payment may be important supporting documents for the claim.

When DEP confirms that a notice was issued in error, the property owner may file a claim with the Office of the New York City Comptroller for plumber’s fees or other eligible losses associated with the error. DEP’s own error notice directs property owners to contact the Comptroller’s Office within 90 days.

The Comptroller’s Office investigates the claim and determines whether the City may be legally
responsible and what amount, if any, represents reasonable damages. Reimbursement is not automatic or guaranteed. The City may approve the claim, offer a partial settlement, request additional documentation or deny the claim.

Claims can generally be filed electronically through the City’s eClaim system, by personal delivery, or by registered or certified mail. The claimant should save the claim number and use it in all future communications with the Comptroller’s Office.

The claim must be submitted by the property owner, but Harris will provide available contractor
documentation to support the filing. Depending on the job, that may include:

• The contract and final invoice
• Proof of payments received
• Permit information
• Job photographs or videos
• A description of the work performed
• Available testing or inspection information
• Available DEP documentation confirming the notice was issued in error

Harris cannot determine whether the City will approve the claim, control how long the investigation will take or guarantee the amount of any reimbursement. We can, however, make sure the contractor portion of the documentation is organized and clearly explains what was done.

As part of the reimbursement review, the NYC Comptroller’s Office will contact the licensed plumber to verify the information submitted, including the scope of work performed and confirmation that the contractor’s invoice has been paid in full.