Armco Drainage & Metal Products, Inc. v. State

This motion to dismiss the claim for insufficiency arises out of a subcontract entered into by claimant for the construction of a tunnel as part of a State project in Broome County. The prime contract, as required by section 220 of the Labor Law, included a schedule of minimum hourly rates of pay which was also embodied in claimant’s subcontract. Claimant alleges that the only job classification and minimum rate of pay applicable to work in tunnels contained in the schedule was “ common laborer ” at $1.71 per hour. Claimant entered upon the construction of the tunnel on September 15, 1952,…