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Millimet Construction Co. v. Board of Education of Town of Bloomfield

Decided: January 22, 1943.

MILLIMET CONSTRUCTION CO., INC., PLAINTIFF-APPELLANT,
v.
THE BOARD OF EDUCATION OF THE TOWN OF BLOOMFIELD IN THE COUNTY OF ESSEX, NEW JERSEY, DEFENDANT-RESPONDENT



On appeal from the Supreme Court.

For the plaintiff-appellant, Armstrong & Mullen.

For the defendant-respondent, William Huck, Jr.

Thompson

The opinion of the court was delivered by

THOMPSON, J. Millimet Construction Co., Inc., contracted with the Board of Education of Bloomfield to build a high school. The contract provided:

"14. Temporary Heat.

The contractor shall provide temporary heat sufficient to maintain a temperature of sixty (60) degrees throughout the entire building from the time the plastering is started until the completion and acceptance of the work under this contract.

He shall provide all necessary fuel and electric current, shall pay for all necessary temporary radiator connections and attendance of every nature, and shall make all repairs and replacements made necessary by use of the heating apparatus.

Should temporary heat be required for the protection or drying out of the work under this contract, or the work of other contractors before the heating apparatus is available for use, the Contractor shall provide approved salamanders, stoves with smoke pipes to exterior, or other approved heating devices, with all necessary fuel and attendance, sufficient for the protection or drying out of the work.

The electrical contractor will provide attendance for electrical work in connection with temporary heat."

The contract was by its terms to be performed within 270 days from the commencement of the work on the date to be specified in the order of the architect as the date of such commencement, unless such period of performance should be extended "as hereinafter provided by the Owner."


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