Legal Opinion · Concurring in part, dissenting in part

County of Morris v. Fauver

Supreme Court of New Jersey

Decided March 9, 1998Published

1Concurring in part, dissenting in partStein, J.

I join in the Court’s opinion to the extent that it allows Morris County (County) to recover all underpayments due to it from the *112State from and after January 9, 1992, pursuant to its 1983 agreement with the Department of Corrections (Contract). I disagree with the Court’s summary disposition that precludes the County from recovering underpayments prior to that date because of its alleged failure to comply with the notice and suit filing requirements imposed by the provisions of the Contractual Liability Act. N.J.S.A. 59:13-1 to -10. Fairly read, this record mandates a remand for an…

2Cases cited7 opinions

  1. F.M.C. Stores Co. v. Borough of Morris PlainsSupreme Court of New Jersey · 1985
  2. W v. Pangborne & Co. v. New Jersey Department of TransportationSupreme Court of New Jersey · 1989
  3. Pucillo v. Mayor and Council of Borough of New MilfordSupreme Court of New Jersey · 1977
  4. Keyes Martin & Co. v. Director, Div. of PurchaseSupreme Court of New Jersey · 1985
  5. P.T. & L. Construction Co. v. State, Department of TransportationSupreme Court of New Jersey · 1987

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