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LAQUILA CONSTRUCTION, INC. v. NEW YORK CITY TRANSIT AUTHORITY

282 A.D.2d 331 (2001)

723 N.Y.S.2d 464

LAQUILA CONSTRUCTION, INC., Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided April 19, 2001.

Plaintiff was a contractor engaged by defendant Transit Authority to excavate for new subway facilities in lower Manhattan. The contract provided that disputes were to be resolved by defendant's Chief Engineer with subsequent judicial review limited in scope to whether or not any determination by the Chief Engineer is "arbitrary, capricious or so grossly erroneous to evidence bad faith." Such a dispute arose, was submitted by plaintiff to the Chief Engineer and was resolved...

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