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GIULIANI CONSTRUCTION CO. v. SCHOOL DISTRICT PHILADELPHIA (03/24/66)

decided: March 24, 1966.

GIULIANI CONSTRUCTION CO., INC., APPELLANT,
v.
SCHOOL DISTRICT OF PHILADELPHIA



Appeal from judgment of Court of Common Pleas No. 1 of Philadelphia County, June T., 1965, No. 335, in case of Giuliani Construction Co., Inc. v. School District of Philadelphia.

COUNSEL

Maxwell L. Davis, for appellant.

Harold A. Siegel, Jr., for appellee.

Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, and Hoffman, JJ. (Flood, J., absent). Opinion by Montgomery, J. Dissenting Opinion by Hoffman, J. Wright, J., joins in this dissenting opinion.

Author: Montgomery

[ 207 Pa. Super. Page 499]

On a petition for a declaratory judgment under the Act of June 18, 1923, P. L. 840, 12 P.S. ยง 831 et seq., judgment was entered for the defendant and this appeal followed. The lower court's decision was based entirely on its construction of a contract between the parties whereby plaintiff-appellant undertook to perform certain improvement work on defendant's Jefferson School. The contract includes plans, specifications, and bulletins issued by defendant after the plans and specifications had been distributed to prospective bidders. The contract was awarded to plaintiff following competitive bidding.

The issue to be decided relates to the meaning and effect of Bulletin No. 2, dated March 19, 1965, which was six days before the contract, dated March 25, 1965, was agreed to. This bulletin relating to the Jefferson School is headed, "Re: Revisions to Specification B-62 of 1965", "Supplemental Bulletin No. 2",*fn1 "The following shall become a part of Specification B-62 of 1965." In each of the items referred to in Bulletin No. 2, particular words, phrases, and sentences are either deleted or added to the several articles of the specifications with particular reference to each. There is no general instruction or change made in the contract

[ 207 Pa. Super. Page 500]

    except as the bulletin changes the wording of specifications.

The third item of this bulletin reads as follows:

"3. On page #19, Article 3-1, Scope of Work, para. (a) delete the following:

'also removing existing skylights and replacing same with a precast concrete plank deck furnishing the additional steel members required for the proper supports and the application of ...


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