C.R. Klewin Northeast, LLC v. James T. Flemming et al.

Opinion of the Connecticut Supreme Court

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This opinion of the Connecticut Supreme Court arises out of an action by a contractor to compel the State of Connecticut Department of Public Works to pay sums certified by the Governor to be paid pursuant to C.G.S. 3-7. The trial court held that the certification created a mandatory duty that gave rise to a right to compel payment via a mandamus action, against which the defendants did not have sovereign immunity. In this decision, the Connecticut Supreme Court reversed the trial court's decision and held that the Governor's certification to pay the plaintiff pursuant to C.G.S. 3-7(c) did not create a mandatory duty on the part of the government agencies, and thus, that the government agencies had sovereign immunity.

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Published In: Civil Procedure Updates, General Business Updates, Constitutional Law Updates, Construction Updates

Reference Info:Decision | State, 2nd Circuit, Connecticut | United States