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DEPT. OF TRANSP. v. IA CONST. CORP.

138 Pa.Commw. 587 (1991)

588 A.2d 1327

DEPARTMENT OF TRANSPORTATION, Petitioner, v. IA CONSTRUCTION CORPORATION a Corporation in Its Own Right and for the Use and Benefit of Cleveland Wrecking Co., a Corporation, and Cleveland Wrecking Co., in Its Own Right, Respondents.

Commonwealth Court of Pennsylvania.

Decided March 28, 1991.

Attorney(s) appearing for the Case

James W. Kutz, Asst. Counsel, with him, John L. Heaton, Chief Counsel, Harrisburg, for petitioner.

Noah Gorson, Gorson & Gorson, P.C., Philadelphia, with him, Scott Staruch, Laws & Staruch, Harrisburg, for respondents.

Before DOYLE and McGINLEY, JJ., and BARRY, Senior Judge.

McGINLEY, Judge.

The Department of Transportation (DOT) petitions for review of an order of the Board of Claims (Board) awarding IA Construction Corporation (IA) $19,683.90 and Cleveland Wrecking Co. (Cleveland) $70,000.00 in a contract dispute. The issues presented for our review are whether the Board erred in ruling that a bridge reconstruction contract between DOT and IA was ambiguous with regard to the type of protection required to shield an underlying refinery...

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