Parsons Brinckerhoff Quade & Douglas, Inc. v. Energypro Construction Partners
Decision Date | 06 April 2000 |
Citation | 707 N.Y.S.2d 30,271 A.D.2d 233 |
Court | New York Supreme Court — Appellate Division |
Parties | PARSONS BRINCKERHOFF QUADE & DOUGLAS, INC., Respondent,<BR>v.<BR>ENERGYPRO CONSTRUCTION PARTNERS, Appellant. |
Pursuant to a contract dated April 23, 1990, and subsequently amended on December 20, 1990 and April 15, 1991, Parsons was hired to provide engineering and planning services involved in the construction of a new cogeneration plant at John F. Kennedy International Airport, as well as the redevelopment of the Airport's central heating and refrigeration plant. The parties' agreement contained an arbitration clause, and on or about October 20, 1998, EnergyPro served Parsons with a demand for arbitration, asserting substantial cost overruns allegedly attributable to Parsons' negligence, malpractice and breach of contract. Parsons then moved to stay the arbitration, alleging it was barred by CPLR 214 (6)'s three-year Statute of Limitations. The determinative issue is whether EnergyPro's claims against Parsons accrued before or after October 20, 1995.
An owner's claim against a design professional accrues upon the termination of the professional relationship between the parties, when the designer completes its performance of significant (i.e., non-ministerial) duties under the parties' contract (see, State of New York v Lundin, 60 NY2d 987, 989 [ ]; Board of Educ. v Celotex, 88 AD2d 713, 714, affd 58 NY2d 684 []; IFD Constr. Corp. v Corddry Carpenter Dietz & Zack, 253 AD2d 89, 92 [ ]; Methodist Hosp. v Perkins & Will Partnership, 203 AD2d 435 [same]; Matter of Kohn Pederson Fox Assocs. [FDIC], 189 AD2d 557 [same]).
As applied to this case, the parties' amended contract specifically required that, ...
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...was when the professional's relationship with the owner "ended" no later than 2002 (see, Parsons Brinckerhoff Quade & Douglas v. Energypro Constr. Partners, 271 A.D.2d 233, 234, 707 N.Y.S.2d 30; Methodist Hosp. v. Perkins & Will Partnership, 203 A.D.2d 435, 610 N.Y.S.2d 572). County of Rock......
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...P.C., 68 A.D. 3d 500, 890 N.Y.S. 2d 534 [N.Y.A.D. 1st Dept., 2009] citing to Parsons Brinckerhoff Quade & Douglas v. EnergyPro Constr. Partners, 271 A.D. 2d 233, 707 N.Y.S. 2d 30 [N.Y.A.D. 1st Dept., 2000]). The date of the final certificate of occupancy, is not controlling for statute of l......
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...Studio, P.C., 68 AD3d 500, 890 N.Y.S.2d 534 [N.Y.A.D. 1st Dept., 2009] citing to Parsons Brinckerhoff Quade & Douglas v. EnergyPro Constr. Partners, 271 A.D.2d 233, 707 N.Y.S.2d 30 [N.Y.A.D. 1st Dept., 2000] ). The date of the final certificate of occupancy, is not controlling for statute o......
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...under the relevant agreement, which it continued to do after February of 2012 (Parsons, Brickerhoff, Quade & Douglas, Inc. v. EnergyPro Constr. Partners, 271 A.D.2d 233, 234, 707 N.Y.S.2d 30 [1st Dept.2000] ). The provisions of the parties' contract that the IAS court relied upon in determi......