7 A.D.2d 679 | N.Y. App. Div. | 1958
Appeal from judgments of the Court of Claims dismissing two claims against the State. Claim Ho. 32643 involves two items — Item 323 — Temporary Barricade Lighting and Item 324 — Unit Change of Barricade Lighting. Claimants allege that they were underpaid for the materials used and work performed on these items to the extent of $3,318. Claim Ho. 32644 also involves two items—Items Hos. 323 and 324 for Temporary Barricade Lighting; and a claim for the installation of Outlet Boxes in connection with electrical equipment. Claimant contends that it was underpaid to the extent of $160 for Items 323 and 324, and by $3,325 on Item 328-E which concerned the Outlet Boxes. The materials furnished and the work done was performed by the contractors under itemized unit price contracts with the State. Both contracts contained the same specifications for Temporary Barricade Lighting, which read as follows:. “.Item 323 — Temporary Barricade Lighting. Item 324—Hnit Change of Barricade Lighting. Payment will be made at the contract price for the number of barricades lighted. The contract price for barricade lighting shall include furnishing and installing meter boxes complete with all control and operating equipment required; furnishing and installing underground conduit and cables from the meter box to the barricade, but not the conduit and cables extending from the meter box along the pole up to the overhead wires, which shall be included in the price for the installation of an overhead pole; furnishing and installing east iron pull box, conduit, wires, fixtures and lamps, the cost of electrical energy for duration of this Contract, and all other miscellaneous material and equipment for a finished job ready for operation on a barricade 40 feet wide.