Schindler Elevator Corp. v. Tully Construction Co., Inc.

139 A.D.3d 930, 30 N.Y.S.3d 707 (2016)

From our private database of 46,000+ case briefs, written and edited by humans—never with AI.

Schindler Elevator Corp. v. Tully Construction Co., Inc.

New York Supreme Court, Appellate Division
139 A.D.3d 930, 30 N.Y.S.3d 707 (2016)

SC
Play video

Facts

Schindler Elevator Corporation (plaintiff) signed a contract with Tully Construction Company, Inc. (defendant), to install elevators in a garage Tully was building. The contract incorporated Tully’s primary garage contract with the City of New York. The primary contract stated that a contractor claiming delay damages must provide explicit notice of the details and verified statements of the amounts of such damages within 45 days of the first incurrence of the damages. The contract also stated that a failure to strictly comply with the notice condition would be construed as a waiver of any such delay claims. There were delays in the garage project, and Schindler sued Tully to recover damages resulting from the delays. Schindler had not provided verified statements of the details of the delays. Tully thus argued that Schindler did not strictly comply with the notice provision in the primary contract and thereby waived its right to delay damages. Schindler argued that Tully’s actual notice of the delays was sufficient. The Supreme Court of New York found in favor of Schindler. Tully appealed.

Rule of Law

Issue

Holding and Reasoning ()

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 743,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 743,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,000 briefs, keyed to 986 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 743,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,000 briefs - keyed to 986 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership