P. T. & L. Construction Co. v. Commissioner, Department of Transportation

Plaintiff sued to recover money withheld by the state for damages caused by its alleged delay in the completion of a job under contract with the state. Before trial, the court dismissed the complaint on the state’s defense of sovereign immunity. We certified plaintiff’s appeal before argument in the Appellate Division. This Court reversed, 55 N. J. 341 (1970), holding that a state may be sued on a contract even though satisfaction of a favorable judgment depends wholly upon the willingness of the legislature to accept the judgment and to provide for payment. The case was then remanded for a…