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· 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).

Read full opinion on CourtListener

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.