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TRI-CO. EXCAVATING, INC. v. B. OF KINGSTON.

No. 773 C.D. 1978.

46 Pa.Commw. 315 (1979)

Tri-County Excavating, Inc., Appellant v. Borough of Kingston, Appellee.

Commonwealth Court of Pennsylvania.

October 3, 1979.

Attorney(s) appearing for the Case

Thomas P. Harlan, with him R. Hart Beaver, and Beaver, Wolf & Harlan, for appellant.

Frederick W. Alcaro, with him William J. Fahey, and Theodore L. Krohn, for appellee.

Argued April 6, 1979, before Judges CRUMLISH, JR., ROGERS and CRAIG, sitting as a panel of three.

OPINION BY JUDGE CRUMLISH, JR., October 3, 1979:

The Luzerne County Common Pleas Court modified an arbitrator's award in favor of Tri-County Excavating, Inc. (Tri-County) upon petition by the Borough of Kingston. Tri-County claimed it was contractually entitled to reimbursement for allegedly unforeseen subsurface conditions encountered in connection with a sewer construction project, namely, unforeseen mine water, utility lines, and a storm main. The arbitrators awarded...

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