P.T. & L. Construction Co. v. State, Department of Transportation

The opinion of the Court was delivered by

O’HERN, J.

We granted certification, 105 N.J. 517 (1986), primarily to consider the respective contentions of the State and a public contractor that the decision below so far departed from settled legal principles as to call for exercise of our appellate supervision. The State contends that the Appellate Division judgment, allowing damages to the contractor for delay attributable to unexpectedly wet site conditions, erred in two respects: (1) it allowed recovery on a theory of “implied warranty” specifically precluded by the New Jersey Contractual…