Byrne Construction Co. v. New York State Thruway Authority

The claimant contracted with the New York State Thruway Authority to make alterations to its division maintenance building at De Witt, New York, according to plans and specifications prepared for the Authority by its architects, Eggers and Higgins, employed under contract. Among other things claimant’s contract required it to construct a free standing chimney 85 feet in height. That smokestack is the subject of this dispute.

Under the heading of masonry, claimant was required to comply with the following specifications:

“ Section 5, Masonry :

“ (1) All brickwork shown on the drawings, using face…