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FRAPAUL CONSTR. CO. v. TRANSPORTATION DEP'T OF N.J.

175 N.J. Super. 84 (1980)

417 A.2d 592

FRAPAUL CONSTRUCTION CO., INC., APPELLANT, v. STATE OF NEW JERSEY, DEPARTMENT OF TRANSPORTATION, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 17, 1980.

Attorney(s) appearing for the Case

James F. Ryan, Jr. argued the cause for appellant (Dowd, Dowd & Ryan, attorneys).

Stephen A. Herman, Deputy Attorney General, argued the cause for respondent (John J. Degnan, Attorney General of New Jersey, attorney; Stephen Skillman, Assistant Attorney General, of counsel; Stephen A. Herman and Edward R. Hannaman, Deputy Attorneys General, on the brief).

Before Judges MATTHEWS, ARD and POLOW.

The opinion of the court was delivered by MATTHEWS, P.J.A.D.

Because of a dispute as to payment under a contract between appellant Frapaul Construction Co., Inc. (Frapaul) and respondent State of New Jersey, Department of Transportation (DOT), Frapaul submitted a claim to the DOT by letter. Frapaul's claim was considered by the DOT's Claims Committee and denied, and that decision was approved by the Deputy Commissioner. This appeal followed.

The DOT awarded...

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