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MATTER OF FEHLHABER CORP. v. O'HARA

53 A.D.2d 746 (1976)

In the Matter of Fehlhaber Corporation and Horn Construction Co., Inc., Respondent, v. A. C. O'Hara, as Commissioner of the Office of General Services of The State of New York, et al., Appellants

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

June 10, 1976

Petitioner entered into a contract with the State on June 23, 1966 for the construction of the "Main Platform Foundation" at the South Mall in Albany, New York. Thereafter, the original contract was modified by an agreement of October 1, 1968 which terminated the unit price provisions and converted the balance of the contract work to a cost-plus-fixed-fee basis (CPFF). After the contract was again modified and after petitioner had substantially completed the construction...

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