AMER. SANITARY SALES v. PURCHASE & PROP. DIV.


178 N.J. Super. 429 (1981)

429 A.2d 403

AMERICAN SANITARY SALES CO., INC., A CORPORATION OF THE COMMONWEALTH OF PENNSYLVANIA, PLAINTIFF-APPELLANT, v. STATE OF NEW JERSEY, DEPARTMENT OF TREASURY, DIVISION OF PURCHASE AND PROPERTY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 8, 1981.


Attorney(s) appearing for the Case

Harry R. Hill, Jr. argued the cause for appellant (Backes, Waldron & Hill, attorneys; Michael J. Nizolek on the brief).

Eugene J. Sullivan, Deputy Attorney General, argued the cause for respondent (John J. Degnan, Attorney General of New Jersey, attorney; Michael R. Cole, Assistant Attorney General, of counsel; Marianne E. Manning on the brief).

Before Judges FRITZ, POLOW and JOELSON.


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

Plaintiff as a prime contractor entered into a contract with defendant for the plumbing and drainage work in the construction of a youth correctional complex in Yardville. It sued for damages which it alleged it sustained by reason of delay caused by defendant in the performance and completion of the contract. The case was tried without a jury. The trial judge found that because of seven specified causes a...

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