DITZELL CONSTRUCTION COMPANY, INC. v. SPOLETA CONSTRUCTION AND DEVELOPMENT CORP.


267 A.D.2d 1099 (1999)

701 N.Y.S.2d 229

DITZELL CONSTRUCTION COMPANY, INC., Respondent-Appellant, v. SPOLETA CONSTRUCTION AND DEVELOPMENT CORP., Appellant-Respondent.

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

Decided December 30, 1999.


Judgment unanimously reversed on the law without costs and new trial granted on amount of additional compensation only in accordance with the following Memorandum: Supreme Court properly concluded that plaintiff was entitled to additional compensation resulting from subsurface conditions it encountered during its performance of the subcontract. Under the section entitled "Exclusions" the subcontract provided, "See attached proposal". The attached proposal, which was plaintiff...

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