Chemung Contracting Corp. v. State

On April 9,1959, the claimant and the State entered into a contract for the reconstruction of about 1.6 miles of Route 15 in and immediately west of the Village of Bath, New York. Part of the work to be performed under this contact was the placing of about two and a half inches of blacktop on a concrete base.

All of the blacktop was laid by October 20,1959. The contract provided that none of this material should be placed from October 15, to May 15, nor when the air temperature in the shade was below 50 degrees Fahrenheit, except by written permission of the Deputy Chief Engineer. None of the…