BERO CONSTR. CORP. v. STATE OF NEW YORK


44 A.D.2d 735 (1974)

Bero Construction Corporation, Respondent, v. State of New York, Appellant. (Claim No. 50866.)

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

April 18, 1974


Claimant seeks to recover for the cost of certain fill material used in the construction of a segment of an interstate highway in Broome County. The subgrade of the roadway was to be of an unclassified material or "borrow" followed by successive layers of more expensive gravel at prescribed widths and depths before the finished concrete surface could be laid. The amount of gravel used was to be paid for by computing its theoretical volume in place after inspectors verified...

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