South & Center Chautauqua Lake Sewer District v. Secord Bros.

— Order unanimously affirmed without costs. Memorandum: Plaintiff hired defendant to modernize three sewage pumping stations and to construct five new stations pursuant to a contract entered into on October 17, 1984. Progress payments amounting to 95% of the contract price were to be paid monthly and, upon "substantial completion” of the contract, the remainder, less any amounts determined by the engineer, would be paid. The contract further provided that the work "will be substantially completed within 510 days” after the date on which the contract begins to run, and that, since time is of…