Ippolito-Lutz, Inc. v. Cohoes Housing Authority

Appeal by defendant from an order which denied its motion for summary judgment. Plaintiff, the general contractor for certain building construction, sues to recover the final payment, retained pending completion of the work, and seeks damages, also, for the value of extra work and for delay allegedly caused by the - defendant. Upon this appeal, defendant’s argument is concentrated upon the claim for damages due to delay. Its defense relies principally upon the clause of the contract providing: “No payment of compensation of any kind shall be made to the Contractor for damages because of…