Schedule a Consultation In a recent Appellate Court decision the Court oveturned a lower court verdict in favor of homeowners that had sued their contract. The court also went to the extreme lengths of dismissing the complaint for failure to propertly identify their … Continue reading
Category Archives: Consequential Damages
Refusing to Proceed with a Construction Change Directive (CCD)
Changes occur constantly on a construction site, whether they are inadvertently caused by the weather, the negligence of another trade, or directly caused by the General Contractor, Owner and/or Architect via a construction change directive (CCD). All too often, these … Continue reading
Court Finds Estoppel Not Applicable to Delay Claim Against Town
In Laws Constr. Corp. v. Town of Patterson (2nd Dept. January 2016), the plaintiff submitted the lowest bid to the Town of Patterson (the “Town”) for a construction project. Construction was delayed and the Town Supervisor released a statement in … Continue reading
Lost Profits Awarded After Improper Termination
Inspectronic Corp. v. Gottlieb Skanska, Inc. (2nd Dept. January 2016) involved a contract wherein the Plaintiff was to perform seven specific items in its “scope of work” but only completed three out of the seven before the defendant terminated the contract … Continue reading
Subcontract Warranty Provisions
One of the provisions that is often included in a subcontract agreement is the subcontractor’s warranties. These provisions essentially bind the subcontractor by an implied promise to perform the subcontract work in a skillful and workmanlike manner. Fairbairn Lumber Corp. … Continue reading