P.T. & L. CONST. v. DEPT. OF TRANSP.


108 N.J. 539 (1987)

531 A.2d 1330

P.T. & L. CONSTRUCTION COMPANY, INC., PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. STATE OF NEW JERSEY, DEPARTMENT OF TRANSPORTATION, DEFENDANT-APPELLANT AND CROSS-RESPONDENT.

The Supreme Court of New Jersey.

Decided October 19, 1987.


Attorney(s) appearing for the Case

Kevin E. Rittenberry, Deputy Attorney General, argued the cause for appellant and cross-respondent (W. Cary Edwards, Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General, of counsel).

Herbert C. Klein argued the cause for respondent and cross-appellant (Klein, Chapman, Greenburg, Henkoff & Siegel, attorneys; Leonard A. Peduto, Jr., on the brief).

Peter J. Smith and Joseph C. Amann submitted a brief on behalf of amicus curiae Construction Industry Advancement Program of New Jersey (Connell, Foley & Geiser, attorneys; Mark L. Fleder, of counsel).


The opinion of the Court was delivered by O'HERN, J.

We granted certification, 105 N.J. 517 (1986), primarily to consider the respective contentions of the State and a public contractor that the decision below so far departed from settled legal principles as to call for exercise of our appellate supervision. The State contends that the Appellate Division judgment, allowing damages to the contractor for delay attributable to unexpectedly...

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