PennDOT v. BURRELL CONST. & SUP. CO., INC.

No. 962 C.D. 1985.

111 Pa.Commw. 590 (1987)

534 A.2d 585

Commonwealth of Pennsylvania, Department of Transportation, Petitioner v. Burrell Construction & Supply Company, Inc., Respondent.

Commonwealth Court of Pennsylvania.

December 11, 1987.


Attorney(s) appearing for the Case

Kenneth B. Allen, Assistant Counsel, with him, Robert J. Shea and Charleton O. Strouss, Assistant Counsels, Spencer A. Manthorpe, Assistant Chief Counsel and Jay C. Waldman, General Counsel.

Frank M. Van Ameringen, for respondent.

Argued April 23, 1987, before Judges DOYLE and BARRY, and Senior Judge BARBIERI, sitting as a panel of three.


OPINION BY JUDGE BARRY, December 11, 1987:

This is an appeal by the Pennsylvania Department of Transportation (DOT) from an order of the Board of Claims (Board) awarding Burrell Construction and Supply Co. Inc., (Burrell), respondent, $33,701.15 in additional compensation for paving work.

On June 3, 1980, DOT and Burrell entered into a contract to repair and improve Perrysville Avenue in Pittsburgh. These repairs and improvements consisted of: scraping or...

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