RICHARD H. LIST, INC. v. TOWN OF HALFMOON


214 A.D.2d 939 (1995)

625 N.Y.S.2d 708

Richard H. List, Inc., Appellant-Respondent, v. Town of Halfmoon, Respondent-Appellant

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

April 27, 1995


Cardona, P. J.

In December 1991, the parties entered into a written agreement whereby plaintiff was to furnish and install, inter alia, a water transmission main at an agreed-upon price of $766,920.10. The agreement also contained a liquidated damages clause which stated that defendant would be entitled to $500 for each day beyond August 3, 1992 that plaintiff's work was not substantially completed. Upon plaintiff's request, the substantial completion...

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