NEW YORK APPELLATE COURT FINDS CONTRACTOR NOT LIABLE FOR DEFECTS WHEN FOLLOWING OWNER’S INSTRUCTIONS UNDER DESIGN SPECIFICATION CONTRACT
In CGM Const., Inc. v. Sydor, 42 N.Y.S.3d 407
(N.Y. App. Div. 2016), the New York Supreme Court, Appellate Division for the
Third Department, held a contractor was not liable for alleged inadequate work
performed on the owner’s property, because the contractor followed the owner’s
instructions when performing the work.
The Court found the contract was a design specification contract, which
allows a contractor not to be held liable for defects when the contractor
follows the plans and specifications provided.