COLONIAL SURETY COMPANY v. NEW YORK CITY HOUSING AUTHORITY

11430.

182 A.D.3d 517 (2020)

120 N.Y.S.3d 772

2020 NY Slip Op 02543

Colonial Surety Company, Appellant, v. New York City Housing Authority, Respondent.

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

Decided April 30, 2020.


In support of its motion, NYCHA submitted documentary evidence showing that plaintiff Colonial Surety Company failed to timely notify NYCHA of its equitable adjustment claim. Section 23 of the construction contract between plaintiff's obligee (non-party Pioneer General Construction Company, LLC) and NYCHA required that plaintiff, as Pioneer's surety, file a notice of claim within 20 days after its accrual. Here, plaintiff's claim accrued on September 3, 2013, when NYCHA notified...

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