ALBANY SPECIALTIES, INC. v. SHENENDEHOWA CENTRAL SCHOOL DISTRICT


307 A.D.2d 514 (2003)

763 N.Y.S.2d 128

ALBANY SPECIALTIES, INC., Appellant, v. SHENENDEHOWA CENTRAL SCHOOL DISTRICT, Respondent.

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

Decided July 10, 2003.


Mugglin, J.

During plaintiff's performance of a multiyear contract to reconstruct the heating, ventilating and air-conditioning systems at one of defendant's school buildings, defendant notified plaintiff that it intended to back charge plaintiff a portion of unanticipated temporary heating costs allegedly caused by plaintiff's delay of the project. Disputing the back charge, plaintiff requested that the project architect render a decision in this matter. As a precaution...

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