Town of Wawarsing v. Camp, Dresser & McKee, Inc.

49 A.D.3d 1100, 855 N.Y.2d 691
Appellate Division of the Supreme Court of the State of New York·Decided March 27, 2008·Published·Cited by 15 cases

Opinion

Malone Jr., J.

Between May 1996 and December 2000, plaintiff entered into a number of agreements with defendant Camp, Dresser & McKee, Inc. (hereinafter CDM) to provide engineering services for the construction of the Napanoch Water District in the Town of Wawarsing, Ulster County. The construction consisted of five phases. CDM provided both design and onsite resident inspection services during phases I through III, which entailed a hydrogeological investigation, well testing and the construction of the infrastructure and water distribution piping. CDM supervised construction and issued certificates of substantial completion during these phases. Phases IV and V involved the construction of the water storage tank and well field. CDM provided only preconstruction design services during these phases as plaintiff had retained another engineering firm, Brinnier and Larios, EC., to provide on-site resident inspection services.

CDM sent plaintiff its final invoice for services rendered on the project on July 8, 2002 and issued a certificate of substantial completion with respect to phase III on August 30, 2002. Brinnier issued certificates of substantial completion for phases IV and V on August 28, 2002 and November 27, 2002, respectively. Plaintiff subsequently obtained authorization from the Ulster County Department of Health to start operating the water system. Soon after the system became operational in October 2003, plaintiff discovered that the flow ratio was less than expected and that the water contained high levels of iron and manganese. As a result, on April 20, 2006, plaintiff commenced this action against CDM for professional malpractice.

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Town of Wawarsing v. Camp, Dresser & McKee, Inc., 49 A.D.3d 1100, 855 N.Y.2d 691 (N.Y. Ct. App. 2008).

49 A.D.3d 1100 (Town of Wawarsing v. Camp, Dresser & McKee, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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