ROCKMORE CONTRACTING CORP v. CITY OF NEW YORK (2025)

Order, Supreme Court, New York County (Melissa A. Crane, J.), entered on or about September 5, 2024, which, to the extent appealed from as limited by the briefs, granted defendant's motion for summary judgment dismissing the claims for delay damages related to extended field office costs, extended site overhead, and weather, unanimously affirmed, without costs.

The court correctly dismissed plaintiff's claims for extended field office costs and extended site overhead because its expert improperly used the bid amount in calculating those claims (see Five Star Elec. Corp. v A.J. Pegno Constr.  Co., Inc./Tully Constr.  Co., Inc., 209 AD3d 464, 464 [1st Dept 2022]).  “It is well established that prebid estimates made by the contractor to compute a bid price are not a valid basis for computing recovery” (Najjar Indus. v. City of New York, 87 A.D.2d 329, 332 [1st Dept 1982], affd 68 N.Y.2d 943 [1986]).

The court also properly dismissed plaintiff's weather delay damages claim, which was excluded by the parties’ construction contract and was not solely caused by defendant (see Henick–Lane, Inc. v. 616 First Ave. LLC, 214 AD3d 435, 436 [1st Dept 2023]).