MONTEFUSCO EXCAVATING & CONTRACTING CO. v. MIDDLESEX CTY.


82 N.J. 519 (1980)

414 A.2d 961

MONTEFUSCO EXCAVATING & CONTRACTING CO., INC., PLAINTIFF-RESPONDENT, v. COUNTY OF MIDDLESEX, DEFENDANT. APPEAL OF UNITED STATES FIDELITY AND GUARANTY COMPANY.

The Supreme Court of New Jersey.

Decided May 14, 1980.


Attorney(s) appearing for the Case

Richard R. Width argued the cause for appellant (Lindabury, McCormick and Estabrook, attorneys; Richard R. Width and John H. Schmidt, Jr., on the brief).

Robert B. Silverman argued the cause for respondent (Braun and Braun, attorneys; Bartholomew G. Babiak, on the brief).


The opinion of the Court was delivered by SCHREIBER, J.

On or about December 18, 1975, plaintiff, Montefusco Excavating & Contracting Co., Inc. (Montefusco), entered into a contract with defendant County of Middlesex to construct part of a water and sewer system in the Raritan Arsenal County Park in Edison, N.J. The contract price was $147,451. During the performance of the work, the contractor asserted that the County...

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