Envirex, Inc. v. Cecil M. Garrow Construction, Inc.

OPINION OF THE COURT

Yesawich, Jr., J.

Defendant Village of Dannemora entered into a public improvement contract with defendant D. L. Paro, Inc. (Paro), which in turn subcontracted with defendant Cecil M. Garrow Construction, Inc. (Garrow), for certain labor and materials. Plaintiff contracted to supply Garrow with a mechanical bar screen and parts to be used in this sewer *308construction project. The contract price was $28,400 and the agreed delivery date April 12, 1981. Because delivery occurred eight days late, Paro deducted $4,693.82 from its payment for costs it experienced due to the delay,…