IT Corp. v. Ecology & Environmental Engineering, P. C.

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: This action stems from a project to re-mediate the Wellsville/Andover Landfill in Allegany County. Defendant, an engineering firm, was retained by the New York State Department of Environmental Conservation (DEC) to design the project, prepare the bidding documents and manage the project. Plaintiff, a general contractor, was awarded the contract by the DEC. After work began, plaintiff allegedly encountered site conditions different from those represented in the bidding…