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

The opinion of the court was delivered by

Weintraub, C. J.

Plaintiff sues the State on a written contract for public construction. The meritorious issue is whether plaintiff is entitled to the balance of $110,360.64 which the State withheld as damages for alleged delay in completion of the job. The merits were never reached because the trial court sustained the State’s defense of immunity from suit. We certified plaintiff’s appeal before argument in the Appellate Division.

The Legislature has expressly dealt with this specific claim. After judgment went against it in the present case, plaintiff…