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L.A. WENGER CONTRACTING CO., INC. v. KREISLER BORG FLORMAN GENERAL CONSTRUCTION COMPANY, INC.

43 A.D.3d 305 (2007)

842 N.Y.S.2d 365

L.A. WENGER CONTRACTING CO., INC., Respondent, v. KREISLER BORG FLORMAN GENERAL CONSTRUCTION COMPANY, INC., Appellant.

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

Decided August 9, 2007.

Defendant was the contractor and construction manager pursuant to a 1999 contract with the City Department of Design and Construction (DDC) for the construction of a building to be used by the City Administration for Children's Services. Plaintiff was the general construction subcontractor.

Defendant's agreement with the DDC includes a dispute-resolution clause which provided that any "dispute concerning the scope of the work delineated by the contract, the interpretation...

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