PHOENIX ELEC. CONTRACTING, INC. v. LEHR CONSTR. CORP.


219 A.D.2d 467 (1995)

631 N.Y.S.2d 146

Phoenix Electrical Contracting, Inc., Respondent, v. Lehr Construction Corp., Appellant, et al., Defendant

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

September 7, 1995


Defendant Lehr, the general contractor on a renovation contract for premises occupied by defendant Rose Associates, should not have been held liable for delay damages allegedly sustained by plaintiff Phoenix, the electrical subcontractor, as a result of labor disruptions caused by Rose personnel or by design and engineering changes ordered by Rose's architect and engineer after commencement of the project. "[A]bsent a contractual commitment to the contrary, a prime contractor...

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