DANCO ELECTRICAL CONTRACTORS, INC. v. DORMITORY AUTH. OF THE STATE OF N.Y.

6764, 450633/13.

162 A.D.3d 412 (2018)

75 N.Y.S.3d 28

2018 NY Slip Op 03935

Danco Electrical Contractors, Inc., Appellant, v. Dormitory Authority of the State of New York, Respondent.

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

Decided June 5, 2018.


It is undisputed that plaintiff failed to satisfy a condition precedent to recovering disputed costs for extra work on which defendant forced price reductions. Although plaintiff gave detailed written statements contesting defendant's determinations of the fair and reasonable value of the extra work pursuant to section 8.01 (B), it failed to give verified statements pursuant to section 11.03(A) of the contractual General Conditions.

Nevertheless, we conclude that...

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