LAHR Construction Corp. v. J. Kozel & Sons, Inc.
New York Supreme Court
640 N.Y.S. 2d 957, 168 Misc. 2d 759 (1996)
- Written by Mary Phelan D'Isa, JD
Facts
LeCesse Construction Company (LeCesse) (plaintiff), a general contractor, sued J. Kozel & Son, Inc. (Kozel) (defendant), a subcontractor, for damages resulting from Kozel’s refusal to perform work on a project for which Kozel had submitted an oral bid to LeCesse. LeCesse sought recovery under theories of breach of contract and promissory estoppel. LeCesse alleged that it incorporated figures it received from Kozel into its final bid for a general contract to renovate a building at the University of Rochester. After LeCesse was awarded the bid, an employee of LeCesse contacted Kozel without telling Kozel that LeCesse had been awarded the contract and attempted to negotiate a new deal at a better price. When Kozel refused to perform the work, LeCesse informed Kozel that it was too late and that LeCesse had relied on Kozel’s bid, and LeCesse sent Kozel a standard contract for Kozel’s signature. Kozel refused to sign. LeCesse was forced to hire a different subcontractor at a higher price, and LeCesse sued Kozel to recover the difference between Kozel’s oral bid amount and the amount LeCesse paid to the substitute subcontractor.
Rule of Law
Issue
Holding and Reasoning (Fisher, J.)
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