EDWIN J. DOBSON, JR., INC., PLAINTIFF-RESPONDENT, CROSS-APPELLANT,
v.
STATE OF NEW JERSEY, DEFENDANT, THIRD PARTY PLAINTIFF-APPELLANT, CROSS-RESPONDENT,
v.
HARTFORD ACCIDENT AND INDEMNITY COMPANY, THIRD PARTY DEFENDANT, RESPONDENT.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued May 18, 1987.
Decided June 11, 1987.
Attorney(s) appearing for the Case
Robert T. Lawless, Deputy Attorney General, argued the cause for appellant, cross-respondent (W. Cary Edwards, Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General, of counsel; Robert T. Lawless on the brief).
Richard R. Bonamo argued the cause for respondents, cross-appellants (Wilentz, Goldman & Spitzer, attorneys; Richard R. Bonamo of counsel; Francis X. Journick, Jr., on the brief).
Before Judges MORTON I. GREENBERG, J.H. COLEMAN and GRUCCIO.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by COLEMAN, J.H., J.A.D.
This case involves a claim by a contractor against the State for delay damages arising out of a public construction project. The crucial question raised by this appeal is whether the exculpatory "no delay damage" clause in the contract precludes recovery. The trial judge sitting without a jury concluded that this clause did not preclude recovery. He awarded...
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