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Contracts Keyed to Epstein
Turner Const. Co. v. US Framing Inc.
Citation:
49 Misc.3d 1213(A), 28 N.Y.S.3d 651, 2015 WL 6991217 (2015)Facts
In January 2013, Turner entered into a contract with non-party Shelter Cove LLC to provide general construction services with respect to a 104-unit apartment complex. At a subsequent meeting, a written agreement naming Turner as contractor and Framing as framing subcontractor was executed. In April 2013, there was ongoing discussions between Framing and Turner concerning certain pricing issues. Turner claims that it was growing concerned by delays in Framing’s hardware submittals and by the failure of Framing to return calls and emails. Framing denies any failure to perform under the contract and claims that it was growing concerned about Turner’s delays in approving change orders and fixing a firm start date. On June 6, 2013, Framing advised Turner in writing that it considered the June 3, 2013 email to represent a wrongful termination of the contract. Turner brought an action on July 1, 2013 seeking damages for Framing’s alleged unjustified repudiation of the Subcontract and for its failure or refusal to perform.
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