Contract Deadlines and Conditions: City of Troy v. 1776 Sixth Avenue

Historical case note — decision dated November 12, 2015.

In City of Troy, N.Y. v. 1776 Sixth Avenue, Troy, LLC, the Third Department enforced a landlord's obligation to install an elevator by the deadline in its lease with the City. The dispute concerned a lease and related building work, not simply a general contractor's construction agreement.

The landlord argued that discussions about the elevator's location excused its delay. The court found that the relevant documents did not make the installation deadline contingent on the City's approval of that location. The decision turned on the language of the parties' documents.

Contract-review lesson

When a completion date depends on another party providing plans, approvals or access, identify that dependency expressly. Review the main agreement together with incorporated documents, amendments and required delay notices. A planned collaboration does not necessarily create a condition excusing performance.

Kushnick Pallaci PLLC assists with construction contract drafting and review and delay disputes.

Clarified September 7, 2026. This is a historical case summary, not a complete review of later decisions or advice about a particular contract.