SKANSKA TUNNELING, INC. v. CITY OF NEW YORK


247 A.D.2d 344 (1998)

669 N.Y.S.2d 212

Skanska Tunneling, Inc., Appellant, v. City of New York, Respondent

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

February 26, 1998


Dispute resolution procedures like those challenged herein, which vest authority to decide disputes such as claims of cost overruns in an employee or designee of the municipality, have been repeatedly held by the Court of Appeals not to be violative of any public policy concerning the fair adjudication of such disputes (e.g., NY City Charter § 311 [b] [7]), at least where, as here, the claim is raised after the fact by a contractor who has retained the benefit...

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