· 6/14/2004
Kreil v. County of Niagara
Citations
- 8 A.D.3d 1001
- 778 N.Y.S.2d 601
- 2004 N.Y. App. Div. LEXIS 8153
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that, unless the government issues a written order expressly placing a contractor on standby, the contractor must prove standby by indirect evidence
- explaining that this method attempts to set up a “but-for” comparison to isolate the cost attributable to the impacted period
- stating that “the contractor must show that during that delay it was required to be ready to resume work on the contract, at full speed as well as immediately”
- affirming denial of overhead costs where the evidence “shows conclusively that [the contractor] was able to progress other parts of the work during the time periods it alleges it was suspended”
- “[T]he contractor must show that the government caused delay was not only substantial, but was of an indefinite duration.”
- focusing on the requirement that performance time be extended
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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