Opinion
November 11, 1942.
Appeal from Court of Claims.
Present — Hill, P.J., Crapser, Bliss, Heffernan and Foster, JJ.
The claim has been prosecuted by the general contractor in behalf of its sub-contractor, C.P. Ward, Inc. The basis of the claim is the extra cost entailed for excavating and removing certain underground structures encountered in the course of the work, the existence of which were known or should have been known by the State or its agent Cornell University and not revealed to claimant. Also for damages arising from an unreasonable delay on the part of the State in approving tile and pipe hangers proposed to be used for the installation. There is an assertion on the part of the State that the general contractor violated section 138, article 9, of the State Finance Law (Cons. Laws, ch. 56) in subletting the work without the consent of the State. It appears however that the agent of the State had knowledge that the sub-contractor was doing the work, and the work was accepted thereafter. The evidence fully justifies the award and judgment as to the various items of damage allowed. Judgment unanimously affirmed, with costs.