Scott Mollen Delay Damages Denied; Zoning Board's Failure To Consider All Evidence: This Week in Scott Mollen's Realty Law Digest
Scott Mollen discusses "WDF Inc. v. Dormitory Auth. of NYS," and "Cuffaro v. Zoning Bd. of Appeals of the Village of Bellport.
August 29, 2023 at 10:05 AM
19 minute read
Real EstateConstruction—Extra Work or Delay Damages Denied Based on Contract Provisions—"Project Encountered Every Problem Imaginable" Including Slab Foundation Defects, Asbestos, Mold, Roofing Issues and Delays Obtaining Permits—Extensive Redesign Was Required—Contractor Argued That Defendant Did Such a "Bad Job Investigating the Property That, When It Sent the Contracts Out for Bid, the Site Conditions" Depicted Were "Tantamount To Fraud"—Court Found Nothing Showed "Anything More Than the Usual Problems That Occur During…a Construction Project" —Contract "Placed the Risk for Them Squarely" on Plaintiff—Strong Public Policy Considerations Against Excusing NonCompliance With Notice Requirements In Public Works Contracts—Plaintiff Failed To Serve Timely Notice of Claim
The NYS Dormitory Authority was a defendant in a construction litigation which involved the construction of a "Court Officers Training Academy (project)." The defendant moved for summary judgment dismissing the plaintiff contractor's claims for extra work and delay damages.
The court noted that the Project "encountered every problem imaginable." Problems included issues with respect to the "slab foundation in building 2," "asbestos, mold and roofing". There were also "delays in obtaining permits" and "[e]xtensive redesign was required."
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