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HALMAR CONSTR. CORP. v. NEW YORK STATE ENVTL. FACILITIES CORP.

76 A.D.2d 957 (1980)

Halmar Construction Corp., Appellant, v. New York State Environmental Facilities Corporation, Respondent

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

June 5, 1980

By a contract executed on February 4, 1972, plaintiff agreed to build a sewage treatment plant for defendant. The contract provided in pertinent part as follows: "All damage to life or property * * * resulting to the work during its progress from whatever cause * * * shall be borne and sustained by the Contractor and all work shall be solely at his risk until it has been finally inspected and accepted." On June 29, 1973 a flood...

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