Wednesday, April 4, 2012

Watch out for local laws limiting your period to bring a claim

The general rule in New York is that a contractor can bring a claim for breach of contract within six (6) years after the claim accrues.  There are situations, however, when the general rule is not followed.  One example is where the contract shortens the limitations period.  Another, which was recently dealt with by the Appellate Division in Frank Tricarico Contrs. Inc. v. City of New Rochelle, is where the particular claim is limited by statute (even a local statute).  In Frank Tricarico the contractor apparently performed work for the City of New Rochelle.  After the claim was filed, the City filed a motion to dismiss the breach of contract claim because it was not brought within the one year limitation period provided for in the City Charter for the City of New Rochelle.  The claim was dismissed, the Appellate Division affirmed the dismissal and the contractor lost its breach of contract claim.

Vincent T. Pallaci is an attorney with the New York law firm of Kushnick Pallaci, PLLC.  His practice focuses primarily on the areas of construction law.  Mr. Pallaci can be reached at (631) 752-7100 or  You can also visit our firm site at

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