COMMERCIAL ELECTRICAL CONTRACTORS, INC. v. PAVARINI CONSTRUCTION CO. INC.


50 A.D.3d 316 (2008)

856 N.Y.S.2d 46

COMMERCIAL ELECTRICAL CONTRACTORS, INC., Appellant, v. PAVARINI CONSTRUCTION CO., INC., Respondent, et al., Defendants. (And Other Actions.)

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

Decided April 3, 2008.


Pavarini, a general contractor, contracted with plaintiff, an electrical subcontractor, to perform work on a project in Manhattan. The prime contract was incorporated by reference in the subcontract, and both contained no-damages-for-delay clauses.

Plaintiff seeks to recover damages due to inordinate delays allegedly caused by defendant's improper scheduling and organization of subcontractors, changes to the work, and failure to provide temporary heating. This conduct...

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