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Contracts Keyed to Kunz
Lyon v. Belosky Construction, Inc.
Citation:
669 N.Y.S.2d 400 (App. Div. 1998)Facts
Plaintiff entered into a contract with Defendant to construct a custom home. Plaintiff retained an architectural firm for the job, who recommended they retain Defendant to prepare construction documents and conduct periodic inspections to ensure that the home was constructed in conformity with the drawings. After construction started Plaintiffs found issue with a dormer over the home’s main entrance. The dormer was removed and rebuilt but Plaintiff found it unsatisfactory and directed Defendant to remove it. After construction was completed and Plaintiff moved into the home, Plaintiff learned that the roof had been centered over the library rather than the living room per the drawings. This resulted in a change in the roof proportions and enlargement of the overhang over the main entrance and so, the entrance pillars could not be used in the manner depicted in the drawings.
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