Legal Opinion

Board of Education v. Wager Construction Corp.

Appellate Division of the Supreme Court of the State of New York

Decided June 13, 1974PublishedCited by 3 opinions

1Opinion of the CourtCooke, J.

The instant controversy arises out of a contract between the Board of Education and respondent contractor for the construction of a physical education building. The contractor claimed that as a result of the delay on the part of the board in making the construction site available, it had to revise its construction schedule incurring substantially higher costs thereby.

The contractor first indicated to the architect for the board on August 12, 1971 that the unavailability of the site was causing it “ costly delay ”. On November 6, 1972 it notified the architect for the board of its potential…

2Cases cited2 opinions

  1. Edlux Construction Corp. v. StateAppellate Division of the Supreme Court of the State of New York · 1937
  2. Edlux Construction Corporation v. StateNew York Court of Appeals · 1938

3Cited by3 opinions

  1. In re the Arbitration between the Board of Education & Wager Construction Corp.New York Court of Appeals · 1975
  2. In Re the Arbitration Between Geneseo Central School & Perfetto & Whalen Construction Corp.New York Court of Appeals · 1981
  3. In re the Arbitration between Geneseo Central High School & Perfetto & Whalen Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1980

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