Surety’s Damages/Liability to Owner Explained
Comprehensive Care Management Corp v. Utica Mutual Ins. Co. 2011 WL 6338907 (Supreme Ct, Suffolk County; Dec 15, 2011) On this private project the owner, Comprehensive Care,… Read more »
Quantum Meruit Proper Measure of Damages for Breached Contract
American Underground Engineering, Inc. v. City of Syracuse 2011 WL 4809882 A jury determined that the City had breached the contract, and that American Underground Engineering (AUE)… Read more »
Delay Claim Defeated by No-Damage-For-Delay Clause and Concurrent Damages
Plato General Const. Corp/EMCO Tech Constr. v. DASNY, et al 2011 WL 5429516 (2d Dept, Nov 9, 2011) Plato had a contract with DASNY for general construction… Read more »
No-Damage-For-Delay Upheld
New York Trenchless, Inc v. Hallen Construction Co, Inc. 2011 WL 834148 (2nd Dep’t , March 8, 2011) According to this case the No-Damage-For-Delay provision is alive… Read more »
Total Cost Method Permitted in NY to Calculate Delay Damages
GII Industries, Inc. v. NYS Dept. of Transportation 2011 WL 4618852 ( Bkrtcy. EDNY, Sept 30, 2011 GII Industries (“Grace”) contracted with the State (“DOT”) to reconstruct a portion of the West… Read more »