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BUCHART HORN, INC. v. DEPARTMENT OF TRANSP.

No. 2001 C.D. 2009

1 A.3d 960 (2010)

BUCHART HORN, INC., Petitioner v. DEPARTMENT OF TRANSPORTATION, Respondent.

Commonwealth Court of Pennsylvania.

Decided July 13, 2010.

Attorney(s) appearing for the Case

John J. Sylvanus, York, for petitioner.

Jody L. King, Asst. Counsel, Harrisburg, for respondent.

BEFORE: PELLEGRINI, Judge, and BROBSON, Judge, and McCULLOUGH, Judge.

OPINION BY Judge PELLEGRINI.

Buchart Horn, Inc. (Contractor) appeals from an order of the Board of Claims (Board) granting the Pennsylvania Department of Transportation's (PennDOT) preliminary objections for failure to exhaust administrative remedies and comply with Section 1712.1 of the Procurement Code1 and dismissing Contractor's claim with prejudice.

Contractor is a consulting engineering firm that entered into a series of...

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