• CSC20logograyorangenoyear
  • Conference
      • About
        • About the Conference
        • Floor Plan / Sponsor List
        • Sponsors
        • FAQ
        • Contact Us
        • Health & Safety
      • Hotel & Travel
        • Hotel Accommodations
        • Travel Information
      • Attend
        • Why Attend?
        • Registration & Pricing
        • Conference Schedule
        • MCLE Accreditation
        • Speakers
        • Speaker Resources
      • Sponsor
        • Why Sponsor?
        • Sponsor / Inquire
        • Sponsor Resource Center
        • Sponsorship & Advertising
  • News
    • Latest News
  • Subscribe
    • Newsletter Signup
  • .
  • Conference
    • About
      • About the Conference
      • Floor Plan / Sponsor List
      • Sponsors
      • FAQ
      • Contact Us
      • Health & Safety
    • Attend
      • Why Attend?
      • Registration & Pricing
      • Conference Schedule
      • MCLE Accreditation
      • Speakers
      • Speaker Resources
    • Sponsor
      • Why Sponsor?
      • Sponsor / Inquire
      • Sponsor Resource Center
      • Sponsorship & Advertising
    • Hotel & Travel
      • Hotel Accommodations
      • Travel Information
  • News
    • Latest News
  • Subscribe
    • Newsletter Signup

November 29—December 1, 2023
The Diplomat, Hollywood, FL

Register Sponsor / Inquire
Q
POPULAR SEARCHES
News + Features
News + Features
News + Features
News + Features
News + Features
News + Features

Latest News

February 22, 2017

Notice Provisions in Related Contracts May be Binding

Latest News
February 22, 2017

Notice Provisions in Related Contracts May be Binding

In New York, a subcontractor may be bound by notice provisions in the contract between the prime contractor and the owner.

All contractors know that failure to comply with notice provisions in construction contracts may jeopardize their ability to litigate suits on their merits.

This proved true in a recent New York case, Schindler Elevator Corp. v. Tully Const. Co. Inc., Sup. Ct. NY, App. Div. Sec. Jud. Dept., No. 19193/10, May 18, 2016.

The City of New York Department of Sanitation hired Tully Construction Co. to construct a garage. The contract between the contractor and the owner contained a condition precedent that required “strict compliance” with notice provisions contained in the contract.

Tully hired Schindler Elevator Corp. to install five elevators in the garage.

When the project was delayed, Schindler filed suit against Tully to recover alleged damages they incurred as a result of the delay. On appeal the Appellate Court in New York rejected Schindler’s suit.

An article in CONSTRUCTION law signal by Carol A. Sigmond and Kathleen M. Morley explains the court’s decision.

The court dismissed Schindler’s “claim in its entirety because emails and letters that the subcontractor provided to the prime contractor did not comply with the strict notice provision in the prime contract… What is noteworthy about the Schindler case is that this notice provision did not come from the underlying subcontract. It came from the prime contract with the owner.”

The authors explain that the subcontract contained a “‘flow-down’ provision” which stipulated the subcontractor was bound by provisions in the prime contract.

Some states do not strictly enforce notice provisions. New York is not one of those states.

Therefore, the Appellate Court ruled that “… the Supreme Court should have found that the plaintiff [Schindler] failed to strictly comply with the notice requirement, and dismissed the complaint on that ground…The plaintiff’s remaining contentions have been rendered academic in light of our determination.”

Sources—

New York Case Reminds Us That Some Courts Take Notice Provisions Very Seriously, Carol A. Sigmund and Kathleen M. Morley, CONSTRUCTION law signal, Jan. 6, 2017.

Schindler Elevator Corporation, respondent v. Tully Construction Co., appellant, Supreme Court of the State of New York Appellate Division: Second Judicial Department, No. 19193/10, May 18, 2016.

 

SHARE

Share on Email
Share on Linkedin
Share on Facebook
Share on Pinterest
Share on Twitter
← Previous Article Next Article →
Latest News Latest NewsNews

CSC Presenter Assesses Latest On Surfside Collapse

Third Thursday sat down with CSC presenter Wayne Kalayjian to get his reaction to the latest findings on the Surfside disaster.

Latest News Latest NewsNews

Advance Registration Rates In Effect For CSC 2023

Advance registration rates are now in effect for Construction Super Conference, scheduled for Nov. 29 – Dec. 1, 2023.

Latest News Latest NewsNews

CSC Presenter Assesses Latest On Surfside Collapse

Third Thursday sat down with CSC presenter Wayne Kalayjian to get his reaction to the latest findings on the Surfside disaster.

Latest News Latest NewsNews

DOL Addresses Extreme Heat: Beneficial For Construction Industry?

The DOL intends to “ramp up enforcement of heat-safety violations” in the work place, including construction sites.

Latest News Latest NewsNews

EDITORIAL: New DOL Davis-Bacon Rule Misses the Mark

This rulemaking critically missed an opportunity to improve the wage determination process.

Latest News Latest NewsNews

Infrastructure Lags, Homebuilding Surges

ARLINGTON, VA - Two types of private nonresidential spending increased significantly in May, while most other categories lagged.

Latest News Latest NewsNews

Building Regs In New York: A Peek Into The Future

NEW YORK, N.Y. - Changes are coming as a result of Nov. 8, 2022 amendments to the building code.

Latest News Latest NewsNews

Newest CSC EAB Member: “Old Pay-To-Play Format Is Long Gone”

As the newest member of the CSC EAB, Wendy Venoit has definite opinions about the kinds of educational sessions that contribute to a successful conference.

SHOW INFORMATION

SIGN UP

Register now for the opportunity to connect with thousands of atttendees and vendors

Register
Sponsor / Inquire
FOLLOW US ON
  • Follow
  • Follow
  • Follow
© 2023 Emerald X, LLC. All Rights Reserved.

ABOUT    CAREERS    AUTHORIZED SERVICE PROVIDERS   DO NOT SELL MY PERSONAL INFORMATION   TERMS OF USE   PRIVACY POLICY