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SMC CORP. v. NJ WATER SUPPLY AUTH.

759 A.2d 1223 (2000)

334 N.J. Super. 429

SMC CORPORATION, INC., Plaintiff-Appellant, v. NEW JERSEY WATER SUPPLY AUTHORITY, Defendant/Third-Party Plaintiff-Respondent, v. Bergmann Associates i/p/a Donald J. Bergmann & Associates, Inc., Third-Party Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided September 28, 2000.

Attorney(s) appearing for the Case

Bruce R. Demeter, Trenton, argued the cause for appellant (Simon & Demeter, attorneys; Mr. Demeter, on the brief).

Emily H. Armstrong, Deputy Attorney General, argued the cause for respondent New Jersey Water Supply Authority (John J. Farmer, Jr., Attorney General, attorney; Susan R. Roop and Mary C. Jacobson, Assistant Attorneys General, of counsel; Ms. Armstrong, on the brief).

Before Judges D'ANNUNZIO, KEEFE, and EICHEN.

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

This is a public contract case. At issue is the allocation of the risk of unknown subsurface conditions. Appellant, SMC Corporation (SMC), sued a public entity, New Jersey Water Supply Authority (Authority), for additional expenses incurred in SMC's performance of its contract with the Authority. SMC appeals from a summary judgment in favor of the Authority.

SMC was the low bidder, at $311,000...

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