T.J.D. CONSTRUCTION CO., INC. v. CITY OF NEW YORK


295 A.D.2d 180 (2002)

743 N.Y.S.2d 111

T.J.D. CONSTRUCTION CO., INC., Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided June 13, 2002.


Plaintiff's argument that the delay caused by defendant's testing and correction of equipment design defects was not contemplated, and that the contract's no-damages-for-delay clause therefore does not apply, is refuted by contract provisions that, as correctly construed by the IAS court, called for the work to be done in two stages and for successful testing between the stages, so that a portion of the plant would always be in operation (see, Phoenix Contr. Corp. v New...

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