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PENNDOT v. MOSITES CONSTRUCTION CO.

No. 739 C.D. 1978.

43 Pa.Commw. 266 (1979)

Commonwealth of Pennsylvania, Department of Transportation, Petitioner v. Mosites Construction Company, Respondent

Commonwealth Court of Pennsylvania.

June 7, 1979.

Attorney(s) appearing for the Case

Richard S. Herskovitz, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, for petitioner.

R. Dell Ziegler, with him Buchanan, Ingersoll, Rodewald, Kyle & Buerger, for respondent.

Argued March 5, 1979, before Judges WILKINSON, JR., MENCER and BLATT, sitting as a panel of three.

OPINION BY JUDGE MENCER, June 7, 1979:

The Pennsylvania Department of Transportation (PennDOT) has appealed from a decision of the Board of Arbitration of Claims rejecting PennDOT's assertion that Mosites Construction Company (Mosites) should be assessed $6,600 in liquidated damages for failing to complete a construction contract within the period specified. We affirm.

In October 1973, Mosites and PennDOT...

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