PROGRESSIVE PAINTING CORP. v. PERINI CORPORATION


256 A.D.2d 284 (1998)

682 N.Y.S.2d 187

PROGRESSIVE PAINTING CORP., Respondent, v. PERINI CORPORATION et al., Appellants, et al., Defendant.

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

Decided December 29, 1998.


Plaintiff, the painting subcontractor hired by defendant, the prime contractor on a municipal bridge renovation, sues to recover a balance due after the City ordered work to stop on five of the six "lump sum" subcontract items. At the center of the controversy is a credit, i.e., reduction in subcontract price, in favor of the City for the uncompleted work negotiated by defendant and the City. Having approved payment of 20% of the subcontract price for the completed work,...

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