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MELWOOD CONSTR. v. STATE OF NY

126 Misc.2d 156 (1984)

Melwood Construction Corp., Claimant, v. State of New York, Defendant. (Claim No. 63926.)

Court of Claims.

October 26, 1984

Attorney(s) appearing for the Case

Goetz & Fitzpatrick, P. C. (William B. Flynn of counsel), for claimant. Robert Abrams, Attorney-General (Michael W. Friedman of counsel), for defendant.

GERARD M. WEISBERG, J.

For more than a decade, the New York State Department of Transportation Standard Specifications (Standard Specifications), incorporated into highway construction, design, improvement and reconstruction contracts, has provided a schedule of damages for the failure of a contractor to complete work on time. The amount per calendar day is dependent on the original contract amount.1

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