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DRISCOLL CONST. CO., INC. v. STATE

853 A.2d 270 (2004)

371 N.J.Super. 304

DRISCOLL CONSTRUCTION CO., INC., Plaintiff-Appellant, v. STATE of New Jersey, DEPARTMENT OF TRANSPORTATION, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided June 18, 2004.

Attorney(s) appearing for the Case

Paul A. Logan, King of Prussia, PA, argued the cause for appellant (Powell, Trachtman, Logan, Carrle & Lombardo, attorneys; Mr. Logan, on the brief).

Thomas H. Shar, Deputy Attorney General argued the cause for respondent (Peter C. Harvey, Attorney General, attorney; Patrick DeAlmeida, Deputy Attorney General, of counsel; Mr. Shar, on the brief).

Before Judges KING, BRAITHWAITE and S.L. REISNER.

The opinion of the court was delivered by

S.L. REISNER, J.A.D.

This contract dispute involves lane closures during the construction of noise barriers along Routes 295 and 76 in Camden and Burlington Counties. Appellant Driscoll Construction Co., Inc. (Driscoll), the successful bidder on the noise barrier project, contends that the contract permitted permanent lane closures, the use of concrete barriers that remain...

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