The client, a window manufacturer (“window sub”), agreed to fabricate and deliver over 800 windows to a general contractor (“GC”) for installation at two New York City Public Schools, memorialized by two quotes signed by both parties and two purchase orders signed only by the GC. The GC withheld $200,000 of the contract amounts on the basis that the window sub’s fabrication and deliveries were incomplete and late. Litigation ensued. The GC sought over $450,000 in delay damages. Christian argued at trial that the signed quotes governed the relationship and, at most, contained delivery estimates or “lead times.” He further contended that the window sub’s deliveries were complete but often lost by the GC in transit from its warehouse to the jobsites. The GC argued that the unsigned purchase orders also governed and superseded the quotes with dates certain for fabrication and delivery, which the window sub missed by several months, resulting in an eight-month delay of both projects. After a four-day trial encompassing four witnesses, over 150 exhibits, and six hours of deliberations, the jury returned a verdict awarding the window sub and Hodgson Russ client $181,877.35 for money still owed on one project.  The jury further awarded the GC $65,609.26 in delay damages on the other project, resulting in an overall award to the Hodgson Russ client for the difference of $116,268.09.


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