Montco Construction Co. v. Giambra

OPINION OF THE COURT

Patrick H. NeMoyer, J.

Petitioner Monteo Construction Company (Monteo) entered into a contract with respondents Joseph N. Giambra and the City of Buffalo (City) to construct a new police precinct building at Fillmore and Ferry Streets in the City of Buffalo. The contract specifically sets a retention amount of 10% but also states that all current and future State laws and City ordinances shall govern the construction of the contract.

Monteo asserts that the latter provision requires adherence to General Municipal Law § 106-b, which limits the retention amount in municipal…