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MATTER OF FORMAN v. PALA CONSTR. CO., INC.

124 A.D.2d 453 (1986)

In the Matter of Everett Forman et al., Appellants, v. Pala Construction Company, Inc., Respondent

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

October 30, 1986

Casey, J.

In October 1983, respondent contracted with petitioners to construct a medical office building in the Town of Clifton Park, Saratoga County, for the contract price of $265,000, described as a "lump sum bid". The contract contained the following clause: "Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge...

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