Gordon Rees Scully Mansukhani Partner Donald G. Derrico and Senior Counsel Wilhelmina A. Porcello prevailed on a motion to dismiss a breach of contract claim commenced by a contractor for a project pursuant to Section 103 of the General Municipal Law.
The complaint alleged that the defendant, a city, solicited bids for a government construction project and awarded the approximately $800,000 project to the plaintiff, a contractor. The plaintiff asserted that the letter awarding the bid created the contract for the project and that the city’s subsequent failure to proceed with the project was a breach of the contract. Rather than simply answering the complaint and asserting defenses, the Gordon & Rees team took an aggressive approach that proved successful. The defendant argued that no contract had been formed as certain statutory requirements had not been performed and that the purported contract was invalid and unenforceable.
The Supreme Court of New York, Westchester County, Commercial Division agreed and granted the city’s motion to dismiss the complaint with prejudice.