METROPOLITAN STEEL INDUSTRIES, INC. v. PERINI CORPORATION


36 A.D.3d 568 (2007)

828 N.Y.S.2d 395

METROPOLITAN STEEL INDUSTRIES, INC., Doing Business as STEELCO, Respondent, v. PERINI CORPORATION et al., Appellants. (And a Third-Party Action.)

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

Decided January 30, 2007.


Perini was awarded a contract by the Metropolitan Transportation Authority for the design and construction of a new bus depot at 100th Street and Madison Avenue. Perini subcontracted with plaintiff Steelco for the fabrication and erection of structural steel for the project. By virtue of design changes to the project, contemplated by both the prime and subcontract, it was necessary for Steelco to perform "extra work," which was...

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