Fourth Department — Construction Contracts: Rifenburg Construction Inc. v. State of New York

Listen to this article

Appellate Division, Fourth Department

Construction Contracts

Notice Requirements

Rifenburg Construction Inc. v. State of New York
CA 11-00880
Appealed from Court of Claims

Background: The defendant Department of Transportation entered into a contract with the claimant for the reconstruction of a road in Farmington. The project was projected to cost over $26 million. Following the completion of the project, the claimant brought an action seeking compensation for extra work under the terms of the contract. The defendant appealed from the denial of its motion for summary judgment dismissing the first through fourth causes of action. The defendant argued that the contract required the claimant to make prompt notice of any requests for payment for extra work via a daily summary of work done on the contract.

Ruling: The Appellate Division reversed and modified the order. The causes of action seeking compensation for extra work performed for controlling and protecting traffic were contingent upon an increase in work that increased the project’s original bid price by 25 percent. The claimant’s contention that such work was difficult to calculate was not availing. However, the Appellate Division found that the court had not erred in denying parts of the defendant’s motion with respect to additional costs that were the result of the defendant’s initial design errors.

Antonio Harris, pro-se; Justin S. White for the plaintiff-respondent