GRACE INDUSTRIES, INC. v. NEW YORK CITY DEPARTMENT OF TRANSPORTATION


22 A.D.3d 262 (2005)

802 N.Y.S.2d 409

GRACE INDUSTRIES, INC., Appellant, v. NEW YORK CITY DEPARTMENT OF TRANSPORTATION et al., Respondents.

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

October 11, 2005.


With the exception of the seventh, eighth and ninth causes of action, plaintiff's claims essentially seek damages attributable to delays in the acquisition of the property necessary to conduct Phase II of the construction contract. Article 13 (h) of the contract, however, precluded claims for damages caused by such delays. The notice to bidders specifically anticipated these delays, which were thus contemplated and reasonably foreseeable. Accordingly, article 13 (h) is enforceable...

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