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eBook details

• Title: Clark-Fitzpatrick v. Long Island Rail Road Company
• Author : Court of Appeals of New York
• Release Date : January 17, 1987
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

[70 N.Y.2d 382 Page 385] Opinion OF THE COURT This litigation arises out of a multimillion dollar track improvement of the Port Jefferson branch
of the Long Island Railroad by the addition of a second railroad track between Amott and Huntington. Construction on the contract,
which defendant, Long Island Rail Road Company (LIRR), awarded to plaintiff, Clark-Fitzpatrick, Inc., as low bidder, began
in September 1983. As alleged by plaintiff, the contract contained detailed engineering specifications that instructed plaintiff
on how to proceed with construction. Plaintiff contends that, after construction began, it discovered that defendant was unprepared
to proceed with the project -- specifically, that the engineering design was flawed, thus requiring substantial design changes
during the course of construction; that defendant had failed to acquire the rights to certain necessary properties bordering
the construction sites; and that defendant had failed to locate and move various utility lines throughout the project that
interfered with construction. Notwithstanding these difficulties, plaintiff proceeded with construction, which was completed
in July 1986 -- almost one year after the scheduled completion date.

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