Empire Asphalt Paving Co. v. Town of Kent
Court: Appellate Division of the Supreme Court of the State of New York; April 3, 1995; New York; State Appellate Court
In a breach of contract lawsuit regarding a construction project, the defendant Town of Kent appeals a judgment from the Supreme Court of Putnam County that awarded the plaintiff, Empire Asphalt Paving Co., $358,500. The Town had awarded Empire Asphalt the contract based on provided diagrams, but after completing the road and parking lot, it was discovered that the Town did not own part of the property intended for a multipurpose recreational field. This led to the field's relocation to a different area with varying terrain, resulting in additional costs for Empire Asphalt. The court found that the Town was at fault for failing to conduct a proper survey and misrepresenting property ownership in the bid diagrams. The Town’s defense, citing a contractual clause that required Empire Asphalt to waive claims due to misunderstandings about work conditions, was deemed inapplicable, as there was no misunderstanding about the intended location of the field. Furthermore, the Town argued that Empire Asphalt did not preserve its claims due to a lack of written demand as stipulated in the contract; however, the court noted that both parties had waived this requirement during change requests. The court affirmed the judgment in favor of Empire Asphalt, rejecting the Town's remaining arguments as meritless. The issue of whether Empire Asphalt was entitled to interest on the judgment was not addressed since it did not cross-appeal.