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BROADWAY MAINTENANCE CORP. v. RUTGERS

90 N.J. 253 (1982)

447 A.2d 906

BROADWAY MAINTENANCE CORPORATION, PLAINTIFF-APPELLANT, v. RUTGERS, THE STATE UNIVERSITY, DEFENDANT-RESPONDENT. EDWIN J. DOBSON, JR., INC., PLAINTIFF-APPELLANT, v. RUTGERS, THE STATE UNIVERSITY, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided July 7, 1982.

Attorney(s) appearing for the Case

Richard R. Bonamo argued the cause for appellant Edwin J. Dobson, Jr., Inc. (Wilentz, Goldman & Spitzer, attorneys).

Charles H. Hoens, Jr. argued the cause for appellant Broadway Maintenance Corporation (Lum, Biunno & Tompkins, attorneys; Dennis J. Drasco and David C. Dreifuss, on the briefs).

Eugene J. Sullivan, Assistant Attorney General, argued the cause for respondent (Irwin I. Kimmelman, Attorney General of New Jersey; Mr. Sullivan and Michael R. Cole, Assistant Attorneys General, of counsel).

Robert S. Peckar submitted a brief on behalf of amicus curiae Building Contractors Association of New Jersey (Peckar & Abramson, attorneys).

K.L. Estabrook submitted a brief on behalf of amicus curiae Mechanical Contractors Association of New Jersey, Inc. (Lindabury, McCormick & Estabrook, attorneys; Bruce P. Ogden, on the brief).

The opinion of the Court was delivered by SCHREIBER, J.

Two contractors engaged in the construction of the Rutgers Medical School in Piscataway Township sought to recover damages from Rutgers, The State University (Rutgers), for its failure to coordinate the project and to compel timely performance by a third contractor. Rutgers asserts that it allocated the sole duty to coordinate the work of the prime contractors on the...

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