Wax NJ-2, LLC v. JFB Constr. & Dev., 13-cv-4537, 2015 U.S. Dist. LEXIS 74508 (S.D.N.Y. June 9, 2015)
Wax NJ-2, LLC (“Wax”) hired the architectural firm GF55 Partners (“GF55”) to design and then inspect construction of a store that Wax planned to open in New York City. The building which Wax was preparing to lease for the store had been leased as two separate commercial spaces. Wax had the option of moving a partition wall between the two spaces and thus increasing or decreasing the amount of square footage leased for its store. In designing the layout of Wax’s store, GF55 reported to Wax that the footprint called for 1235 square feet. Wax then entered into a lease agreement with the owner for 1235 square feet of the building at $125 per square foot. Construction commenced, and GF55’s remaining obligations under its contract with Wax included inspection of the contractor’s work to ensure compliance with the building code.