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PennDOT v. MOSITES CONST. CO.

No. 1575 C.D. 1984.

90 Pa.Commw. 33 (1985)

Commonwealth of Pennsylvania, Department of Transportation, Petitioner v. Mosites Construction Company, Respondent.

Commonwealth Court of Pennsylvania.

June 11, 1985.

Attorney(s) appearing for the Case

Michael D. Reed, Assistant Counsel, with him, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for petitioner.

Chester S. Fossee, with him, David A. Scotti, Reale, Fossee & Ferry, P.C., for respondent.

Argued January 29, 1985, before Judges DOYLE and BARRY and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE BARRY, June 11, 1985:

This appeal results from an order of the Board of Claims which found in favor of Mosites Construction Company (Mosites) against the Pennsylvania Department of Transportation (DOT) for $18,158.00 plus six percent interest.

Mosites contracted with DOT for highway and bridge repair. A problem with payment arose when, after approving several prior payments based on the weight of bolts, nuts and washers, DOT advised Mosites...

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