A.L.A.C. Contracting Corp. v State of New York-Department of Transportation

Holding The Court of Claims properly granted summary judgment dismissing the claim because the claimant failed to strictly comply with the contract’s condition precedent notice and record-keeping requirements. The claimant’s notice was untimely, and failure to literally perform these express conditions constituted a waiver of the claim for additional compensation.

The court’s words

Where a construction contract contains a condition precedent-type notice provision setting forth the consequences of a failure to strictly comply, strict compliance will be required

2026 NY Slip Op 05152, at the official text

Express conditions precedent must be literally performed; substantial performance will not suffice, and the failure to strictly comply with such provisions generally constitutes waiver of a claim

2026 NY Slip Op 05152, at the official text

The general rule is that notice and reporting requirements in public construction contracts must be literally performed where, as here, they are designated as conditions precedent

2026 NY Slip Op 05152, at the official text

the claimant was required to provide the DOT with written notice of any 'time related disputes' and that the DOT would have 'no liability . . . . for any damages which accrued more than ten (10) work days prior to the filing of written notice'

2026 NY Slip Op 05152, at the official text

the claimant's notice of its claim for additional compensation was untimely as it was provided approximately two months post-completion of the project

2026 NY Slip Op 05152, at the official text