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DEPT. OF TRANS. v. WESTMORELAND ENGR. CO.

No. 2221 C.D. 1980.

63 Pa.Commw. 318 (1981)

Commonwealth of Pennsylvania, Department of Transportation, Petitioner v. Westmoreland Engineering Company, Respondent.

Commonwealth Court of Pennsylvania.

December 21, 1981.

Attorney(s) appearing for the Case

Mark F. Brancato, Assistant Attorney General, with him Ward T. Williams, Chief Counsel, and Harvey Bartle, III, Attorney General, for petitioner.

George I. Bloom, with him Thomas P. Shearer, and Lawrence A. Layton, for respondent.

Argued September 18, 1981, before Judges BLATT, CRAIG and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE CRAIG, December 21, 1981:

The Pennsylvania Department of Transportation (PennDOT) appeals a decision of the Board of Claims (board) which awarded Westmoreland Engineering Company, Inc. compensation for engineering services claimed pursuant to a professional services contract.

To introduce the issues, some history from the record is helpful.

PennDOT's District 12 office (district) had prepared a preliminary design study for a proposed...

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