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NETHER PROV. TP. ETC. v. THOMAS M. DURKIN

505 Pa. 42 (1984)

476 A.2d 904

NETHER PROVIDENCE TOWNSHIP SCHOOL AUTHORITY, Appellant, v. THOMAS M. DURKIN & SONS, INC., a Pennsylvania corporation, and H. Gilroy Damon and H. Gilroy Damon Associates, Inc. and Haag & D'Entremont, Appellees.

Supreme Court of Pennsylvania.

Decided May 31, 1984.

Attorney(s) appearing for the Case

George W. Thompson, Upper Darby, for appellant.

Dale A. Betty, Media, for Durkin & Sons, Inc.

Peter A. Dunn, Media, for Damon, et al.

Bruce D. Lombardo, Philadelphia, for Hagg & D'Entremont.

Edward T. Rostick, Philadelphia, for appellees.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.

OPINION OF THE COURT

PAPADAKOS, Justice.

This appeal by the Nether Providence Township School Authority (Authority) calls into question well-settled principles of law concerning waiver of public contract provisions regulating change orders and extra work claims.

The Authority and Thomas M. Durkin and Sons, Inc., (Contractor) entered into a contract on June 12, 1968, under which the Contractor was to construct a new high school for the Authority at...

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