Major Trial Win for Cokinos | Young Client EW Howell Co., LLC
We are pleased to share a significant defense verdict obtained by Cokinos | Young attorney Roland Driscoll, along with co-counsel Robert Brady, on behalf of our client, EW Howell Co., LLC, following an 11-day bench trial in the Commercial Division, Supreme Court of the State of New York, Nassau County.
Plaintiff WDF Inc. sued general contractor EW Howell, alleging breach of contract causes of action stemming from the construction of PS 343 and PS 339 for the New York School Construction Authority. WDF sought damages in the amount of $4.1 million with interest accruing since 2017. The claims were based on alleged delay damages, entitlement to extra work change orders, and a substantial contract balance.
The Court’s 31-page decision found the delay damages alleged by WDF fell within the scope of the Subcontract’s “No Damages for Delay” clause, and WDF failed to prove the delay claims fell within any of the exceptions to the enforceability of such a clause under New York law.
E.W. Howell proved that WDF failed to submit evidence, including the existence of any liquidating agreement, to substantiate pass-through claims made on behalf of a subcontractor. The Court found WDF had failed to provide contractually required notice of its claims, and that plaintiff’s action was time-barred.
Justice Sharon Gianelli’s decision denying all the plaintiff’s claims also awarded EW Howell attorney’s fees.
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