In Cole Mechanical Corp. v. AWL Industries, Inc. , the Appellate Division, Second Department, was asked to address a contract dispute.
AWL hired Cole as a subcontractor to do steam-fitting work as part of a Queens County courthouse's renovation. Although the parties never entered into a written contract, AWL sent a purchase order which reflected Cole would be paid $250,000 over 12 weeks and every payment invoice AWL sent recited a "contract price" of $250,000. Cole contended that AWL orally agreed to pay $250,000, or "an amount sufficient" for Cole's work, and when Cole was paid only $250,000 this suit ensued.
After a Queens County Supreme Court jury found AWL breached the contract and awarded Cole $400,000, an appeal to the Appellate Division, Second Department followed. Based on its review of the record, the AD2 was of the opinion that AWL never agreed to pay more than $250,000 and set aside the verdict.
Was that too mechanical?
To download a copy of the Appellate Division's decision, please use this link: Cole Mechanical Corp. v. AWL Industries, Inc.