Terminal Construction Corporation, a Corporation of New Jersey, Plaintiff-Appellant v. Bergen County Hackensack…

Summary

The Supreme Court of New Jersey modified the appellate judgment, affirming dismissal of the earth excavation, structural steel, fabricated steel, and third and fourth counts, while allowing the earth embankment, dewatering, and certain fifth‑count items (reinforcing steel, hardware, brick skylight) to stand. It set aside the trial judgment, entered a judgment for Terminal of $350,871.84 plus a $40,186.61 credit, dismissed the other claims, and ordered a new trial on the three remaining fifth‑count items. Justice Brennan dissented, arguing the earth embankment and dewatering claims should not be reinstated.