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

49 A.D.3d 1100, 855 N.Y.2d 691
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMarch 27, 2008
StatusPublished
Cited by15 cases

This text of 49 A.D.3d 1100 (Town of Wawarsing v. Camp, Dresser & McKee, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

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.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Stone Cast, Inc. v. Couch, Dale Marshall P.C.
2025 NY Slip Op 05860 (Appellate Division of the Supreme Court of New York, 2025)
WSA Group, PE-PC v. DKI Eng'g & Consulting USA PC
2019 NY Slip Op 9339 (Appellate Division of the Supreme Court of New York, 2019)
797 Broadway Group, LLC v. Stracher Roth Gilmore Architects
123 A.D.3d 1250 (Appellate Division of the Supreme Court of New York, 2014)
Regency Club at Wallkill, LLC v. Appel Design Group, P.A.
112 A.D.3d 603 (Appellate Division of the Supreme Court of New York, 2013)
Soffler v. Isla
96 A.D.3d 822 (Appellate Division of the Supreme Court of New York, 2012)
City of Binghamton v. Hawk Engineering P.C.
85 A.D.3d 1417 (Appellate Division of the Supreme Court of New York, 2011)
Mary Imogene Bassett Hospital v. Cannon Design, Inc.
84 A.D.3d 1524 (Appellate Division of the Supreme Court of New York, 2011)
In Re VIOLATION OF RULE 28(D)
635 F.3d 1352 (Federal Circuit, 2011)
Smith v. Smith
59 A.D.3d 905 (Appellate Division of the Supreme Court of New York, 2009)
Elmira Teachers' Ass'n v. Elmira City School District
53 A.D.3d 757 (Appellate Division of the Supreme Court of New York, 2008)
McLaren v. Massand Engineering
51 A.D.3d 878 (Appellate Division of the Supreme Court of New York, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
49 A.D.3d 1100, 855 N.Y.2d 691, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-wawarsing-v-camp-dresser-mckee-inc-nyappdiv-2008.