X.L.O. Concrete Corp. v. John T. Brady & Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Sullivan, J. P.
This appeal presents the question of whether a construction contract clause providing recompense to the owner at a stipulated amount per day for the contractor’s delay in completing the project is vitiated by the owner’s own culpability in causing at least some of the delay, so that the owner is free to seek actual delay damages in excess of the sum stipulated. We hold that it is not.
On or about June 15, 1979, John T. Brady and Company, a general contractor, entered into an agreement with New York University (N.Y.U.) to furnish, for the sum of $14,993,000,…
2Cases cited11 opinions
- Truck Rent-A-Center, Inc. v. Puritan Farms 2nd, Inc.New York Court of Appeals · 1977
- Seidlitz v. . AuerbachNew York Court of Appeals · 1920
- Mosler Safe Co. v. Maiden Lane Safe Deposit Co.New York Court of Appeals · 1910
- McCready v. . LindenbornNew York Court of Appeals · 1902
- Wirth & Hamid Fair Booking, Inc. v. WirthNew York Court of Appeals · 1934
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3Cited by40 opinions
- Jkc Holding Company Llc v. Washington Sports Ventures, IncorporatedCourt of Appeals for the Fourth Circuit · 2001
- United States Fidelity And Guaranty Company v. Braspetro Oil Services CompanyCourt of Appeals for the Second Circuit · 2004
- JKC Holding Co. v. Washington Sports Ventures, Inc.Court of Appeals for the Fourth Circuit · 2001
- X.L.O. Concrete Corp. v. Brady & Co.New York Court of Appeals · 1985
- Lummus Global Amazonas, S.A. v. Aguaytia Energy Del Peru, S.R. Ltda.District Court, S.D. Texas · 2002
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