Schindler Elevator Corp. v. Tully Construction Co., Inc.

Schindler Elevator Corporation (Schindler) (plaintiff) contracted with Tully Construction Company (Tully) (defendant) to install elevators in a garage Tully was building for New York City, and that subcontract incorporated Tully's primary contract, which required any contractor claiming delay damages to give explicit notice of the delay's details and a verified statement of the damages amount within 45 days of first incurring them, expressly warning that failing to strictly comply would waive any delay claim. Delays occurred, and Schindler sued Tully for delay damages without ever providing the required verified statements, arguing Tully's actual, informal knowledge of the delays was enough; the trial court agreed with Schindler, and Tully appealed.