Tishman Construction Corp. v. City of New York

This appeal concerns the termination of a construction management contract between the parties, which was entered into in 1987 and thereafter amended in 1990 and 1991. The City terminated the agreement in 1992 under section 15 of the agreement, which permitted the City to terminate plaintiff’s services "with or without cause,” and limited plaintiff to recovering only those "payments * * * due and payable” on the date of termination. Plaintiff thereupon brought this action for payment under various provisions of the contract, and the City counterclaimed for damages incurred to cure plaintiff s…