Extract to table

The MCA is the central document governing the parties' relationship and provides the contractual framework within which all claims and defenses in this litigation must be analyzed

3 provides that all disputes arising under or related to the MCA shall be adjudicated in the courts of New York County

Non-conforming work must be corrected at the Contractor's expense

The Contractor's obligation to correct defective work survives termination, and the cost of correction that the Owner is required to undertake as a result of the Contractor's failure to perform conforming work is a direct damage recoverable under the contract

It is important to note that potential overlap between Counterclaim I (liquidated damages) and Counterclaim II (excess completion costs) must be carefully managed to avoid any claim of double-counting

Under this provision, all changes to the scope of work must be documented in written Change Orders signed by both parties