SWINDELL DRESSLER CO. v. PennDOT

No. 19 CD. 1978.

42 Pa.Commw. 634 (1979)

Swindell Dressler Company, Petitioner v. Commonwealth of Pennsylvania, Department of Transportation, Respondent.

Commonwealth Court of Pennsylvania.

May 17, 1979.


Attorney(s) appearing for the Case

Robert B. Sommer, with him Kirkpatrick, Lockhart, Johnson & Hutchison, for appellant.

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

Argued February 9, 1979, before Judges CRUMLISH, JR., WILKINSON, JR. and MENCER, sitting as a panel of three.


OPINION BY JUDGE MENCER, May 17, 1979:

Swindell Dressler Company (Swindell) has appealed from an order of the Board of Arbitration of Claims rendering judgment in favor of the Pennsylvania Department of Transportation (PennDOT). The dispute between Swindell and PennDOT concerns whether Swindell's fee for engineering and design services should be based on an estimate of construction costs or upon the bid submitted...

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