American Std. v. New York City Tr. Auth

In American Std. v. New York City Tr. Auth. (167 AD2d 494 [1990], lv denied 78 NY2d 860 [1991]), the Appellate Division, Second Department, held that a virtually identical provision was applicable to a contractor's claim for delay damages. The Court further held that the contractor's noncompliance with the provision required dismissal of the delay damage claim, notwithstanding that the contractor had given contemporaneous notice of the delays (specifically, the conditions which threatened to delay performance) under a different provision of the contract.