Walsh-Corbetta v. Commissioner of General Services

OPINION OF THE COURT

Roger J. Miner, J.

On December 19, 1967, petitioner entered into a contract with the State of New York to construct the main platform, health department laboratories and meeting center superstructure at the Albany South Mall project for the sum of $97,777,000. As the result of various delays, it became impossible to complete the construction within the time specified in the contract. Consequently, pursuant to section 10 of the Public Buildings Law, petitioner and the State, on January 1, 1971, entered into a modification of contract, providing for a cost plus fixed fee…