Acme Builders, Inc. v. Facilities Development Corp.

Appeal from a judgment of the Supreme Court in favor of defendant, entered October 18, 1977 in Albany County, upon a decision of the court at a Trial Term, without a jury, which dismissed plaintiffs complaint. Plaintiff, as the successful bidder, was awarded a contract by defendant for construction work on a new boiler plant and alteration of an existing boiler room at a rehabilitation center in Woodbourne, New York. The instant controversy concerns plaintiffs obligation under the contract to paint the existing boiler room. In this regard, the contract specifications provide in section 9E, in…