Particular Actions And Proceedings in the Courts of Record of the State of New York : Under the Civil Practice Act And Consolidated Laws; Law, Practice And Forms
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811. A claim for damages arising out of a contract for the recon- struction of a state highway should be dismissed on its merits, where it appears that the claimant, though predicating its damages on a loss in profits by reason of the alteration of the contract by the state, and for the balance due for "overhaul" of material incident to the work, executed an agreement with the state stipu- lating the amount of labor and material furnished by the claimant COURT OF CLAIMS. 251 and the total amoun...t of money due from the state. The execution of the agreement constituted a waiver of claimant's rights and barred any further recovery for damages. Dale Engineering Co. V. State of New York, 124 Misc. 407. The state is liable to a highway contractor for all damages which naturally flow from delay imposed upon the contractor in com- mencing work, where it appears that a city had permission to lay water mains in the highway that was to be improved, and agreed to have the work done before the plaintiff's contract was executed; that the city failed to complete this work on time, which delay by the city was consented to by the state; that the delay by the city prevented the claimant from proceeding under its contract; and that the claimant was not permitted by the state to commence its work until several months after the time when it should have been commenced.
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