BALLARD v. STATE


27 A.D.2d 679 (1967)

F. A. Ballard, Doing Business as Fred Ballard Construction Co., Respondent, v. State of New York, Appellant. (Claim No. 39892.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 9, 1967


Per Curiam.

If any justification can be found for awarding the subcontractor's costs plus 5% for overhead and 10% for profit and, in addition, 10% of the resulting total for the contractor's overhead and 10% thereof for the contractor's profit, the present record does not demonstrate it. Further, the award is for the total costs with no deduction for the costs which would in any event have been incurred in processing the stockpiles had they been as the contractor...

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