ACME BUILDERS, INC. v. FACILITIES DEV. CORP.


69 A.D.2d 937 (1979)

Acme Builders, Inc., Appellant, v. Facilities Development Corporation, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 12, 1979


Plaintiff, as the successful bidder, was awarded a contract by defendant for construction work on a new boiler plant and alteration of an existing boiler room at a rehabilitation center in Woodbourne, New York. The instant controversy concerns plaintiff's obligation under the contract to paint the existing boiler room. In this regard, the contract specifications provide in section 9E, in pertinent part, as follows: "a. The work under this heading consists of all labor, materials...

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