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PENAVA MECHANICAL CORP. v. AFGO MECHANICAL SERVICES, INC.

1701, 601431/07

71 A.D.3d 493 (2010)

896 N.Y.S.2d 349

PENAVA MECHANICAL CORP., Plaintiff, v. AFGO MECHANICAL SERVICES, INC., et al., Defendants. ABSOLUTE ELECTRICAL CONTRACTING, INC., Counterclaim Plaintiff-Appellant, v. UNIQLO USA INC. et al., Counterclaim Defendants-Respondents. (And Another Action.)

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

Decided March 16, 2010.

Even assuming that the no-oral-modification clause of the prime contract between R&R as general contractor and Uniqlo as owner was incorporated into the subcontract between R&R and Absolute, and/or that the subcontract itself contains an effective no-oral-modification clause, "[u]nder New York law, oral directions to perform extra work, or the general course of conduct between the parties, may modify or eliminate contract provisions requiring written authorization...

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