Joseph P. Carrara & Sons, Inc. v. A.R. Mack Construction Co.

Mercure, J.E

In May 2008, plaintiff, a subcontractor, entered into a purchase order agreement with defendant, a contractor, whereby plaintiff agreed to provide concrete to a construction site located in the Town of Ticonderoga, Essex County. The agreement did not specify delivery dates, but indicated that delivery would be as scheduled by the parties.

Plaintiff made deliveries from August through November 2008, at which point all that remained to be delivered was the concrete for the interior floor slab. Plaintiffs general manager, Paul Carrara, then informed defendant’s representatives that,…