BABCOCK v. WHIPPLE BROS., INC.


199 A.D.2d 759 (1993)

605 N.Y.S.2d 433

Ralph Babcock, Jr., Doing Business as Babcock Construction, Respondent, v. Whipple Brothers, Inc., Appellant

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

December 16, 1993


Mercure, J.

The parties entered into a written contract in October 1989, under the terms of which plaintiff agreed to construct a retail store for defendant. The contract terms called for completion of the building in three phases: excavation, for a total sum of $40,280; carpentry, masonry and plumbing on a time and materials basis at $15 per hour per worker, to be paid weekly; and drywall at 60 cents per square foot. After plaintiff completed the excavation...

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