Reviewed September 7, 2026.
F. Garofalo Electric Co., Inc. v. New York University, 300 AD2d 186 (2002), illustrates the importance of contract-specific extra-work documentation.
The contract required daily statements countersigned by the construction manager with worker names, hours, work descriptions and material quantities. The First Department upheld dismissal of the challenged extra-work amounts lacking that documentation. It separately reinstated the ordinary contract claim and denied summary judgment on the owner's counterclaims because substantial-performance issues remained.
Set up the records before extra work starts
Identify who may authorize the work and countersign tickets. Record labor, materials, equipment, location and the directive that caused the change. Submit the required notice and pricing within the contractual deadlines, and keep delivery and approval evidence.
Do not infer from completion of the underlying project that every extra-work claim is payable. Conversely, a documentation problem with one category of work does not necessarily decide every contract claim. If the parties depart from the written process, obtain written confirmation and advice rather than relying on an assumed waiver.
Kushnick Pallaci PLLC assists clients throughout New York with construction change-order disputes. Contact 631-752-7100 or vtp@kushnicklaw.com.
Attorney Advertising. General information, not legal advice.
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