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PENNDOT v. CUMB. CONST. CO.

Nos. 2168 C.D. 1983 and 2051 C.D. 1983.

90 Pa.Commw. 273 (1985)

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

Commonwealth Court of Pennsylvania.

June 20, 1985.

Attorney(s) appearing for the Case

John J. Buchy, Jr., Assistant Counsel, with him, Spencer A. Manthorpe, Chief Counsel, and Jay Waldman, General Counsel, for petitioner/respondent, Department of Transportation.

Thomas A. Beckley, with him, Jeffrey W. Davis, Beckley & Madden, for petitioner/respondent, Cumberland Construction Company.

Argued May 7, 1985, before Judges ROGERS and BARRY and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY SENIOR JUDGE BARBIERI, June 20, 1985:

This is a consolidated appeal from an order of the Board of Claims (Board) which resulted from a claim filed by Cumberland Construction Company (Cumberland) against the Pennsylvania Department of Transportation (PennDOT) for additional work it performed in connection with Contract No. 20106. Cumberland appealed from that portion of the Board's order which denied its claim for damages and additional compensation in connection...

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