In 2000, D entered into a contract with the City of New York to construct a garage. In August 2003, D entered into a subcontract with P, pursuant to furnish and install five elevators for the project. P commenced this action against D to recover damages incurred as a result of delays in the performance of the work. The court found that P was entitled to delay damages in the principal sum of $209,235.36. The court rejected D's contention that P waived its claim for delay damages by failing to comply with a contractual notice requirement. D appealed.

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