Earlier, we reported on a Commercial Division case, Minelli Construction Corp. v. WDF Inc., et al., N.Y. Co. Index No. 105989/2011, in which a trial court upheld the commonly found clause in construction contracts which allows a party who terminates a contractor or sub-contractor for cause to automatically convert the…
It is a general proposition of New York law (and elsewhere) that contracts should be enforced as they are written. That basic proposition served as the deciding factor in a recent decision which filled in some gaps in case law regarding contractual termination conversion clauses. In Minelli Construction Corp. v.…
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