Appeal from the Order of the Board of Arbitration of Claims in case of John McShain, Inc. v. General State Authority of the Commonwealth of Pennsylvania, No. 232.
Stephen R. Bolden, with him Fell, Spalding, Goff & Rubin, for appellant.
Arnold Wainstein, Assistant Counsel, with him John A. Alogna, Assistant Counsel, and Michael A. Madar, General Counsel, for appellee.
President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Mencer. Judge Rogers dissents in this opinion. Dissenting Opinion by Judge Wilkinson. Dissenting Opinion by Judge Blatt.
On December 27, 1966, John McShain, Inc. (McShain) and the General State Authority of the Commonwealth of Pennsylvania (Authority) entered into General State Authority Contract No. 1104-10.1, under the terms of which McShain was to be the general contractor for the construction of a physical education building at Temple University.
Section 10C-22 of the specifications to the contract between McShain and the Authority is captioned "Alarm System" and reads as follows: "a. All hardware sets suffixed with (a) shall include a compact, self-contained warning alarm triggered by unauthorized opening
of door. Alarm shall be battery powered causing a loud, continuous blast by horns built into the unit. It shall also include a remote signaling system with multiple signal capability consisting of lights and buzzers at central station panelboard, operating on low voltage supervised lines to each monitored door through DC power supply and plug in type relays. Provide sufficient remote indicating panels to correspond with the quantity of alarms plus 25% expansion. Alarms and Remote indicating exit control equipment shall be of the type manufactured by Detex Corporation, New York, N.Y., or approved equal."
In order to make this alarm system operational, it was necessary to do certain electrical wiring. The electrical contract incident to this construction project did not contain any specifications or requirements for wiring the Detex Alarm System. Paragraph 17, Section III, of the General Conditions of Contract No. G.S.A. 1104-10.1 reads as follows: "All work that may be called for in the specifications and not shown on the drawings or shown on the drawings and not called for in the specifications, shall be executed and furnished by the Contractor as if described in both. Should any incidental work or materials be necessary for the proper carrying out of the intent of the specifications or plans, either directly or indirectly, the Contractor agrees to perform all such work and furnish and install all such materials as if the same were fully specified."
McShain commenced work on the aforesaid construction project on January 10, 1967. McShain furnished and installed the hardware for a Detex Alarm System in the metal frames of the doors in the building.*fn1 On March 24, 1969, the Authority ordered McShain to perform the electric wiring work on the Detex
Alarm System which resulted in McShain's engaging, under protest, the firm of Ross Electric Construction Company, Inc. (Ross) to perform the necessary wiring at a cost of $7,848.55. On April 1, 1970, McShain filed a statement of claim with the Board of Arbitration of Claims, seeking to recover damages from the Authority for this forced electrical work, which it alleged was extra and not its responsibility under the terms of Contract No. G.S.A. 1104-10.1.
After a hearing, held on May 11, 1971, the Board of Arbitration of Claims, on July 18, 1972, held against McShain on its claim for payment of the $7,848.55 which McShain had paid Ross for the necessary wiring relative to the Detex ...