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PERINI CORPORATION v. CITY OF NEW YORK

7230. 601720/03. 101709/10.

165 A.D.3d 437 (2018)

85 N.Y.S.3d 45

2018 NY Slip Op 06621

Perini Corporation, Appellant, v. City of New York (Honeywell Street and Queens Boulevard Bridges), Respondent. Tutor Perini Corporation, Plaintiff, v. City of New York (Honeywell Street and Queens Boulevard Bridges), Defendant.

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

Decided October 4, 2018.

The no damages for delay clause in the parties' agreement is valid and enforceable (Corinno Civetta Constr. Corp. v City of New York, 67 N.Y.2d 297, 309 [1986]). Plaintiff has not met its heavy burden of establishing that the delays were not contemplated by the parties under the contract or resulted from defendant's breach of a fundamental obligation of the contract and, thus, were excluded from the exculpatory clause (id.

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