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

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


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

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