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GLASGOW v. COMMONWEALTH PENNSYLVANIA (07/28/87)

decided: July 28, 1987.

GLASGOW, INC., PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, RESPONDENT. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, PETITIONER V. GLASGOW, INC., RESPONDENT



Appeals from the Order of the Board of Claims, in case of Glasgow, Inc. v. Commonwealth of Pennsylvania, Department of Transportation, Docket No. 657.

COUNSEL

Otis W. Erisman, with him, Wilbur L. Kipnes, Schnader, Harrison, Segal & Lewis, of Counsel, for petitioner/respondent, Glasgow, Inc.

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

President Judge Crumlish, Jr., Judge Colins (p), and Senior Judge Narick, sitting as a panel of three. Opinion by Senior Judge Narick.

Author: Narick

[ 108 Pa. Commw. Page 49]

Petitioner Glasgow, Inc. (Glasgow) appeals and Respondent Commonwealth of Pennsylvania, Department of Transportation (Department) cross-appeals from an order of the Board of Claims (Board). We affirm.

[ 108 Pa. Commw. Page 50]

This matter involves a contractual dispute between Glasgow, a Pennsylvania corporation engaged in the construction business, and the Department. On June 26, 1969, Glasgow entered into a contract with the Department whereby Glasgow was to perform certain highway and bridge construction regarding a certain portion of highway and bridge on Legislative Route (L.R.) 1016-8A, and located in Allegheny County.

The instant dispute arises out of delays in construction of a portion of L.R. 1016-8A at the interchange between L.R. 1016-8A and the Penn Lincoln Parkway (Parkway).*fn1 Glasgow's claim for damages focuses on bridge S-7944, which is a two-tiered structure with its lower portion resting on the Parkway.*fn2 Bridge S-7944 carries ramps over L.R. 765.

A certain bypass and other temporary structures were necessary to this project for the purpose of routing traffic off the Parkway and onto the bypass during construction. This temporary bypass which enabled Glasgow to perform reconstruction of the Parkway was constructed and used throughout the term of the project.*fn3 The temporary bypass could not be removed until the reconstructed Parkway could again carry traffic. The project could not be completed until the temporary bypass was removed.

The two-tiered substructure of S-7944, as originally designed by the Department, included pier footers,*fn4 pier columns and pier caps.*fn5

[ 108 Pa. Commw. Page 51]

On or about March 28, 1972, the Department issued a stop order on the construction of pier 1 of S-7944 because testing revealed that the subsurface material was insufficient support for the foundation which had been designed for that pier. On or about April 26, 1972, the Department ordered a halt to ...


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