Legal Question in Construction Law in New York

subcontracts
a sub submitted a bid to a g.c; gen. contractor promised to give a contract to a sub if it was awarded a contract. upon award to the g.c of the contract, gc made the sub sign its standard contract form which contained no-damage for delay clause. sub did not want to sign this particular contract but had previously signed the same format of contract with the g.c for another project. g.c assumed that the sub would work under the same contract form as it already signed the form for another project. is the promise or oral contract still enforceable between g.c and sub?

Asked on 5/11/01, 11:07 pm

Garry Hanlon

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Re: subcontracts

Maybe yes, and maybe no.

Oral contracts may be proven by both

verbal testimony and circumstantial

evidence. There is no way of truly

knowing what the other side will say

was the full extent of the discussions and

thus the terms of the contract

Both performance and prior course of conduct

are admissible to determine the contract, but

may be only one factor to be considered.

Answered on 6/21/01, 11:29 pm

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