Damages for Extra Work - Contractual Notice Provisions in New York
In A.H.A. Gen. Constr. v. New York City Hous. Auth., 92 NY2d 20, 699 NE2d 368, 677 NYS2d 9 , a complaint seeking damages for extra work was dismissed for failure to comply with contractual notice provisions which were conditions precedent to suit where there was no indication that the failure to comply was caused by the defendant's misconduct.
The Court noted that public policy favors enforcement of such provisions as they "provide public agencies with timely notice of deviations from budgeted expenditures or of any supposed malfeasance" allowing for measures which would avoid waste of public funds (92 NY2d at 34).