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Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts
Posted: September 20, 2015

Contractor Entitled to Amount Due for Work Completed Plus Lost Profits on Uncompleted Work

On August 21, 2015, Justice Pines of the Suffolk County Commercial Division issued a decision in Ocean Marine Development Corp v. National Salvage & Service Corp., 2015 NY Slip Op. 51328(U), holding that “[i]n a breach arising from a construction contract, the claiming contractor has the burden of proving the extent of the harm suffered. If performance has begun and the contractor sues for breach of contract, the contractor is entitled to recover the amount due for the work completed at the contract rate and may also include an amount for lost profits on the uncompleted portion of the work . . . .” (Internal citations omitted) (emphasis added).

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