When the City of New York entered into a contract with L&L Painting Co. to paint the Queensboro Bridge, the parties' agreement supposedly provided that L&L would redo any work damaged by fire.
Of course, a fire occurred and, since it wasn't responsible for the incident, L&L wanted to be paid for the extra services it provided. The City of New York countered that the parties' agreement obligated the contractor to perform regardless of the fire's cause.
After the Contract Dispute Resolution Board decided that L&L wasn't entitled to additional compensation, and the New York County Supreme Court refused to disturb that determination, the company appealed to the Appellate Division, First Department.
Since L&L's contract provided there would be no additional cost for the work in question, the AD1 saw no basis to modify the outcome.
Did the AD1 brush over that?
To view a copy of the Appellate Division's decision, please use this link: Matter of L&L Painting Co., Inc. v. City of New York