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MARCELLUS CONSTRUCTION COMPANY, INC. v. VILLAGE OF BROADALBIN

302 A.D.2d 640 (2003)

755 N.Y.S.2d 474

MARCELLUS CONSTRUCTION COMPANY, INC., Respondent, v. VILLAGE OF BROADALBIN et al., Defendants, and McDONALD ENGINEERING, P.C., Appellant.

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

Decided February 6, 2003.

Kane, J.

In July 1994, defendant McDonald Engineering, P.C. was retained by defendant Village of Broadalbin to provide planning, design and construction phase engineering services for a sewage collection system in the Village. Pursuant to its contract, McDonald prepared the bid documents that included information on subsurface conditions. As the low bidder, plaintiff was awarded the contract by the Village. Upon commencing work, plaintiff encountered subsurface conditions...

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