P. T. & L. Constr. Co. v. Commissioner, Department of Transportation

The opinion of the Court was delivered by

Weiitteaub, C. J.

This matter is before us for the third time. Plaintiff seeks to recover $110,360.64, as the balance due upon an express contract with the State, which sum the State withheld, claiming damages in that amount for delay in the performance of the contract. The merits of the controversy have never been adjudged in any court. The sole question on all of the appeals was and remains whether plaintiff is entitled to have a court pass upon the claim.

On the first appeal, 55 N. J. 341 (1970), we held that the concept of sovereign immunity from…