W.V. PANGBORNE & CO. v. N.J. DOT.


116 N.J. 543 (1989)

562 A.2d 222

W.V. PANGBORNE & CO., INC., PLAINTIFF-APPELLANT, v. NEW JERSEY DEPARTMENT OF TRANSPORTATION, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided August 14, 1989.


Attorney(s) appearing for the Case

Edward M. Callahan, Jr., argued the cause for appellant (Clancy, Callahan & Smith, attorneys; Edward M. Callahan and James J. Cronin, on the briefs).

Nickolas F. Monteforte, Deputy Attorney General, argued the cause for respondent (Peter N. Perretti, Jr., Attorney General of New Jersey, attorney; James J. Ciancia, former Assistant Attorney General, of counsel; Nickolas F. Monteforte and Anne Marie Kelly, Deputy Attorney General, on the brief).


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

The question in this case is whether the statute of limitations under the Contractual Liability Act can be invoked to bar an action against the State Department of Transportation by a contractor that, at the invitation of the State, had pursued an administrative disposition of its claim. The trial court ruled that the State should be equitably estopped from asserting its...

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