Seville Construction, Inc. v. New York City Housing Authority

OPINION OF THE COURT

Milonas, J. P.

Plaintiff construction company was the successful bidder to rehabilitate seven buildings owned by defendant New York City Housing Authority (NYCHA). The issue on appeal is whether NYCHA breached the contract by hiring another firm to perform asbestos removal after Seville commenced its work at the site.

Seville’s $6.2 million bid for the project included $57,000 for a limited amount of asbestos removal in the building basements, to be performed by using a relatively low-cost method, the “glove and bag” technique. Based on inspections almost two years earlier…