ABOUT THIS CASE
Federal Construction Litigation
Defendant-Counter-Claimant-Appellant The Permanent Mission of Chad to the United Nations in New York (the “Mission”) appeals from the judgment entered on August 7, 2019, following a five-day bench trial, awarding Plaintiff-Counter-Defendant-Appellee Hilt Construction & Management Corporation (“Hilt”) damages in the amount of $100, 335.62 (including prejudgment interest) for breach of contract and denying the Mission’s counterclaim against Hilt for breach of the same contract.
On appeal, the Mission argues that the district court erred in concluding that Hilt was entitled to the equitable adjustment of contract time and price under the express terms of the contract between the parties and by relying on an unreliable exhibit to calculate damages.
On August 12, 2016, Hilt, a resident of New Jersey, filed a complaint against the Mission alleging state law claims of breach of contract, quantum meruit, and account stated. Hilt alleged that it had entered into a contract with the Mission to provide construction materials and services at a property in Westchester owned by the Mission that would eventually serve as the Ambassador’s residence (the “Contract”).
We disagree and affirm the decision of the district court. We assume the parties’ familiarity with the underlying facts, the procedural history of the case, and the issues on appeal.