The following e-filed documents, listed by NYSCEF document number (Motion 005) 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 189, 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202 were read on this motion to/for PARTIAL SUMMARY JUDGMENT. DECISION + ORDER ON MOTION In this action to foreclose on a mechanic’s lien, defendants1 move pursuant to CPLR §3212 for partial summary judgment seeking a declaration that plaintiff is contractually barred from recovering certain categories of damages it seeks. BACKGROUND 616 First Avenue LLC (the owner) owns the property located at 626 First Avenue, New York, NY 10016 (the premises) (NYSCEF Doc No 1 5). The owner hired JDS Construction Group LLC (JDS) to perform construction management services for the development and construction of a new, dual-tower residential skyscraper at the premises (id. 6; NYSCEF Doc No 6). It also designated 616 First Avenue Developer LLC (the developer) to assist in management and supervision (id. 7). JDS entered into a subcontract with plaintiff Henick-Lane Inc. (HLI, or plaintiff) whereby plaintiff agreed to supply and install an HVAC system (the project) (id. 8). The base payment was set at $19.6 million (id. 8-9) but this amount could be increased to account for any additional work or charges, provided they were properly set forth in change orders (COs) (id. 11; NYSCEF Doc No 134)2. Plaintiff alleges that it fully and satisfactorily performed all its duties under the subcontract, but JDS did not remit full payment for base-contract work and additional work (id. 11). Plaintiff also alleges that it “suffered significant losses [due to] Defendants’ delays and interferences…which resulted in [a 43-month] delay” in completing the project (NYSCEF Doc No 29
