KOKO CONTRACTING, INC. v. STATE


215 A.D.2d 898 (1995)

626 N.Y.S.2d 886

Koko Contracting, Inc., Respondent-Appellant, v. State of New York, Appellant-Respondent

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

May 18, 1995


Yesawich Jr., J.

In January 1990, claimant entered into a contract to perform roofing work on several buildings owned by the State. The contract provided that if the work was not "physically completed" within 204 days — later extended to 209 days — the payment due claimant would be reduced by $100 for every day of delay. The contract also stated that claimant was directed not to perform "the roofing and related [w]ork" between December 1...

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