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The Miscellaneous Reports Volume 103

The Miscellaneous Reports Volume 103


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1918 Excerpt: ...claimants fully performed the contract for the construe-tion of the highway, final estimate for the work was approved, and all sums due the claimants paid, but payment for the items of work involved in the construction of the bridge was refused. These items total the sum of $1,802.57. The state contests the claim on two grounds. First. That the items for which claim is made were not included within the original contract of June 11, 1912, and were not provided for by any supplemental agreement in writing, executed by the commission, and therefore constitute no claim against the state. Second. That the said items were unauthoriZed=by Misc. State of New York. Court of Claims, May, 1918. law, because the bridge was of a span exceeding five feet. This inquiry involves no doubt concerning the good faith of the claimants. It is not denied that the work was done properly, and that the amounts claimed are reasonable, and that the claimants have not been paid. Naturally, the facts tend to create some sympathy for the claimants, in their predicament, but the court has no other recourse than to determine the rights of the parties, in consonance with the law applicable thereto. The Highway Law reads, "All contingencies arising during the prosecution of the work shall be provided for to the satisfaction of the commission and as may be agreed upon in the original or by a supplemental contract executed by the commission." Laws of 1909, chap. 30, 130, subd. 9. There is a suggestion in the brief of the claimants' counsel that this work was done under the original contract, because the latter contained provisions for the alteration of the plans and specifications, and for changes in quantities and because this work was of the same character as that cov...


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Product Details
  • ISBN-13: 9781236077226
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 246
  • Spine Width: 13 mm
  • Width: 189 mm
  • ISBN-10: 1236077229
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 445 gr


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