FEHLHABER CORP v. STATE


65 A.D.2d 119 (1978)

Fehlhaber Corporation and Horn Construction Co., Inc., a Joint Venture, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 50837.)

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

December 7, 1978


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Richard J. Dorsey and Ruth Kessler Toch of counsel), for appellant-respondent.

De Graff, Foy, Conway & Holt-Harris (William F. Conway and Thomas O. Kellogg of counsel), for respondent-appellant.

SWEENEY, J. P., STALEY, JR., MAIN and LARKIN, JJ., concur.


MIKOLL, J.

Fehlhaber Corporation and Horn Construction Co., Inc., a joint venture, on its low bid of $37,377,353.40 was awarded a public contract for the construction of the main platform foundation at the South Mall Project. The unit price contract entered into on July 5, 1966, provided for a September 1, 1968 completion date. About June 1, 1968, it became apparent that the contract work would not be completed...

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