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PENNDOT v. GEN. ASPHALT PAVING CO.

No. 317 C.D. 1978.

46 Pa.Commw. 114 (1979)

Commonwealth of Pennsylvania, State Highway and Bridge Authority (PennDOT), Petitioner v. General Asphalt Paving Company, Respondent.

Commonwealth Court of Pennsylvania.

September 19, 1979.

Attorney(s) appearing for the Case

Arthur H. Marateck, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General, for appellant.

Charles V. Stoelker, Jr., with him Meeham and Stoelker, for appellee.

Argued February 9, 1979, before Judges ROGERS, BLATT and DiSALLE, sitting as a panel of three.

OPINION BY JUDGE DiSALLE, September 19, 1979:

The Commonwealth of Pennsylvania, State Highway and Bridge Authority (PennDOT), has appealed to this Court from an order of the Board of Arbitration of Claims (Board), awarding additional compensation to General Asphalt Paving Company (General) because the road construction work in which it was engaged was delayed for almost three months. The sole issue is whether an express provision in the construction contract which...

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