(Download) "Fehlhaber Corporation And Horn Construction Co. v. State New York" by Supreme Court of New York ~ Book PDF Kindle ePub Free
eBook details
- Title: Fehlhaber Corporation And Horn Construction Co. v. State New York
- Author : Supreme Court of New York
- Release Date : January 07, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 84 KB
Description
[11] OPINION OF THE COURT Fehlhaber Corporation and Horn Construction Co., Inc., a joint venture, on its low bid of $37,377,353.40 was awarded a public contract for the construction of the main platform foundation at the South Mall Project. The unit price contract entered into on July 5, 1966, provided for a September 1, 1968 completion date. About June 1, 1968, it became apparent that the contract work would not be completed as originally specified and the parties began discussions which culminated in February, 1969, in the signing of a modification agreement, dated and effective as of October 1, 1968. The new agreement provided that all work performed after October 1, 1968 was to be paid on a cost plus fixed fee basis and extended the completion date until March 1, 1970. The modification agreement contained a reservation by the claimant of its right to submit certain claims for damages arising out of the original contract period but limited the States liability for such claims to $1,200,000. Subsequently, the parties entered into a supplemental agreement, dated February 28, 1970, which increased the fixed fee, deleted a portion of the contract work and, again, extended the completion date until December 31, 1970. On April 30, 1971, the State and claimant, by mutual consent [65 A.D.2d 119 Page 122]
 "Fehlhaber Corporation And Horn Construction Co. v. State New York" by Supreme Court of New York ~ Book PDF Kindle ePub Free){kind=link}