People v. Williams (2007)
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· 12 citation events
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Finally, strict compliance with these clauses is required ( see Fahs Rolston Paving Corp. v County of Chemung , 43 AD3d 1192, 1194 [2007]).
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Framan Mech., Inc. v. State Univ. Constr. Fund (2020)
Auth. , 92 NY2d 20, 31 [1998]; Fahs Rolston Paving Corp. v County of Chemung , 43 AD3d 1192, 1194 [2007]).
Group, Inc. v State of New York, 123 AD3d 1311 , 1311 [2014], lv denied 25 NY3d 902 [2015]; Fahs Rolston Paving Corp. v County of Chemung, 43 AD3d 1192, 1194 [2007]).
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Tougher Industries, Inc. v. Dormitory Authority (2015)
Even if defendant did so, plaintiff’s submissions demonstrate that it did nothing to identify the work contained in the change orders as extra contractual (see Fahs Rolston Paving Corp. v County of Chemung, 43 AD3d 1192, 1194 [2007]).
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Fahs Construction Group, Inc. v. State (2014)
The contract provided that “[t]he notification and record-keeping provisions of this Contract shall be strictly complied with for disputes of any nature and are a condition precedent to any recovery” (see Fahs Rolston Paving Corp. v County of Chemung, 43 AD3d 1192, 1194 [2007]).
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Fahs Construction Group, Inc. v. State (2014)
The contract provided that “[t]he notification and record-keeping provisions of this Contract shall be strictly complied with for disputes of any nature and are a condition precedent to any recovery” (see Fahs Rolston Paving Corp. v County of Chemung, 43 AD3d 1192, 1194 [2007]).
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Rifenburg Construction, Inc. v. State (2011)
“Failure to strictly comply with such provisions generally constitutes waiver of a claim for additional compensation” (Fahs Rolston Paving Corp. v County of Chemung, 43 AD3d 1192, 1194 [2007]; see also Bat-Jac Contr. v New York City Hous.
Accordingly, claimant’s failure to comply with its contractual obligation to provide the required notices and reports constitutes a waiver of the extra work claims (see Fahs Rolston Paving Corp. v County of Chemung, 43 AD3d 1192, 1194 [2007]; Kingsley Arms, Inc. v Sano Rubin Constr.