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ELECTRIC POWER CONSTRUCTION CO. v. ALLEN (05/21/51)

May 21, 1951

ELECTRIC POWER CONSTRUCTION CO., APPELLANT,
v.
ALLEN, LANE & SCOTT, INC.



Appeal, No. 133, Jan. T., 1951, from order of Court of Common Pleas No. 2, of Philadelphia County, June T., 1950, No. 757, in case of Electric Power Construction Co. v. Allen, Lane & Scott, Inc. Order affirmed.

COUNSEL

Milton Berger, with him Thomas J. Mullaney, for appellant.

Edward H. Cushman, with him John Blackeley and Middleton, Blackeley & Richardson, for appellee.

Before Stern, Stearne, Jones, Bell, Ladner and Chidsey, JJ.

Author: Chidsey

[ 367 Pa. Page 320]

OPINION BY MR. JUSTICE CHIDSEY

Electric Power Construction Co., appellant, petitioned the lower court for an order correcting an award of arbitrators favorable to Allen, Lane & Scott, Inc., appellee. Appeal is taken from the order of the court below dismissing the petition.

The dispute concerns appellant's claim for $24,805.42 for work, labor, and materials allegedly furnished beyond the scope of a contract between the parties. Appellee, who had maintained a printing establishment in Philadelphia at 1211 Clover Street, was moving its plant to new quarters at 23rd and Market Streets.Electrical work was required in the new building to permit appellee to begin business there. Preliminary negotiations concerning the work contemplated took place between the parties in December, 1948, and, on the basis of conversations and plans, appellant submitted written estimates on the third and seventh of January, 1949. These culminated in a written contract on January 14th. Work was begun on January 19th.

The agreement provided that: (1) appellant was to do all the work and furnish and supply the labor and

[ 367 Pa. Page 321]

    materials; (2) no extra charge or claim should be made for any work done unless in accordance with a separate written and signed agreement specifically covering same; (3) the maximum sum to be paid by appellee under the contract was to be $44,171.00; (4) drawings, plans, and specifications complementing the agreement were to be drawn up by appellee's engineers and delivered to appellant; and, (5) arbitration was provided to settle all disputes arising under the contract.

The scope of the work was described in Schedule A of the contract as follows: "The said contractor undertakes, promises and agrees to do and perform, furnish and supply all of the labor and materials required in and about the performance of the work substantially as described in proposal of contractor to owner dated January 3, 1949, which said work will be more particularly described in specifications and drawings now in course of preparation by Maurice A. Webster and Robert C. Clarkson, Jr., Registered Engineers, and in accordance with General Conditions pages 1 to 7 inclusive initialed by the parties hereto. All of said work pertains to the alterations, rehabilitation and repair of the three story building situate and known as 2300 to 2312 Market Street, Philadelphia, Pennsylvania."

Schedule B established the contract maximum of $44,171.00 and provided that by the 20th day of each month appellee would pay 85 per cent. of the amounts of current monthly ...


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