Bailey Construction Co. v. New York State Thruway Authority

Appeal from a judgment in favor of claimant, entered July 8, 1975, upon a decision of the Court of Claims. The New York State Thruway Authority appeals from those portions of the instant judgment which awarded claimant damages for increased costs incurred while erecting an in-ground clarifier or settling tank and in demolishing a pump house pursuant to its contract with the authority to upgrade the sewage treatment facilities at the Mohawk service area located in Montgomery County. Specifically, the authority argues that since it properly denied claimant’s request to employ certain vertical…