Dalrymple Gravel & Contracting Co. v. State

This is an appeal from a judgment of the Court of Claims, entered July 12, 1963, which made an award for extra work and material arising out of a contract for the reconstruction of State highways in Chemung and Tioga Counties.

The State contends that the action is barred because claimant cashed the final payment check thereby invoking the contract clause which provides that acceptance of the final check acts as a release in favor of the State and bars any further claims by the contractor. In July, 1960 claimant informed the State that it was seeking payment in addition to that provided for in…