H. R. Wilson & Associates v. Town of Genoa

Order unanimously modified to grant plaintiff’s motion for summary judgment and otherwise order affirmed, with costs to plaintiff. Memorandum: Plaintiff contracted with the defendant to render *1175professional engineering services in connection with the defendant’s development and construction of a water supply system. Plaintiffs fee under the contract was set at 8% of the cost of construction. The contract required plaintiff to approve or disapprove the contractor’s requests for payments, and by the time of the completion of the construction, plaintiff had disapproved certain requests for…