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9/11 Museum Suit Dismissed

Monday, August 29, 2016

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A New York appeals court has sided against a steel company that claimed it lost millions in its work on the National Sept. 11 Museum.

In a unanimous decision, the New York Supreme Court Appellate Division, First Department, affirmed a lower court’s dismissal of W&W Steel LLC’s case against the Port Authority of New York and New Jersey, the New York Law Journal reports.

museum

Flickr / Tanenhaus

The National Sept. 11 Museum serves as the country’s principal institution for examining, documenting and exploring the significance and impact of the terror attacks of Sept. 11, 2001.

In 2009, W&W Steel entered into a contract to provide and install all of the structural steel for the Museum Pavilion. The contract stipulated that W&W would begin construction on March 16, 2010, and finish within 80 days, with certain exceptions.

However, W&W alleged that due to numerous change orders and additions to its scope of work, the company’s labor had to remain on site 195 days longer than it bid and planned.

W&W claimed that “the Port Authority actively and unreasonably delayed W&W in the performance and completion of its work,” the court’s opinion indicated. Further, W&W claimed it attempted to resolve the matter with the Port Authority on several occasions.

Timing At Issue

W&W filed its verified $8.6 million breach of contract lawsuit on May 29, 2013, according to court documents.

The appellate panel said Thursday (Aug. 25) that W&W should have brought its case against the Port Authority within one year of the alleged breach.

“In general, a construction contract is breached, and the resulting cause of action accrues, ‘upon substantial completion of the work,’” the panel wrote, citing a 2012 case.

“Although there is evidence that W&W completed some work at a later date, admissions in the complaint, and in the papers attached to the complaint, establish that the work was substantially completed in April 2011—more than two years before the suit was filed.

   

Tagged categories: Contractors; Good Technical Practice; Government contracts; Lawsuits; Steel; Structural steel; Workers

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