Gottlieb Contr., Inc. v. City of New York

In Gottlieb Contr., Inc. v. City of New York, 86 AD2d 588, 589, 446 N.Y.S.2d 311 [1st Dept. 1982], the contracted work was not completed until more than one year after the scheduled completion date and required over 1100 additional man hours (86 AD2d at 589). The trial court held the City responsible for the delays, notwithstanding the exculpatory clause in the contract (86 AD2d at 589). On appeal, the Appellate Division held that with the exception of a ten (10) week period of delays attributable to plaintiff, the delays in completing the work were the result of the "other prime contractors' inaction, faulty performance and defaults under their contracts" (86 AD2d at 589) The Appellate Division stated that these types of delays are all within the contemplation of the exculpatory clause (86 AD2d at 589).