The court correctly granted defendant's motion because Article 56 of the parties' public works contract had an explicit six month limitations period which accrued upon defendant's issuance of a certificate of substantial completion, issued here on August 15, 2014. Because the action was not commenced until October 23, 2015, well beyond the limitations period, it was correctly deemed untimely.
We reject plaintiff's contention that it elected to submit all of its damages...
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