This is an action for delay damages. The plaintiff and the defendant entered into a contract on June 4, 1982 in which plaintiff was to construct a football/soccer field at Ferry Point Park in the Bronx. A portion of the contract required the plaintiff to excavate the entire site, level the bottom area and then refill it. Because part of the site contained a wetlands area, a permit from the state was required before excavation was commenced. Plaintiff, however, commenced the...
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