Appeals from the Order of the Board of Claims, in case of Stavro N. Semanderes, t/a Odyssey Contracting Company v. Commonwealth of Pennsylvania, Department of Transportation, Docket No. 883.
John J. Buchy, Jr., Assistant Counsel, with him, Spencer A. Manthorpe, Chief Counsel, and Henry G. Barr, General Counsel, for petitioner/respondent, Commonwealth of Pennsylvania.
Susan A. Yohe, Strassburger, McKenna, Gutnick & Potter, for respondent/petitioner, Stavro N. Semanderes, trading as Odyssey Contracting Company.
Judges Craig and Doyle, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Doyle.
[ 109 Pa. Commw. Page 506]
The Commonwealth of Pennsylvania, Department of Transportation (DOT) and Stavro N. Semanderes, t/a Odyssey Contracting Company (Odyssey), cross-appeal from an order of the Board of Claims (Board) awarding Odyssey $30,615.77 for bridge repairs. We affirm the decision of the Board.
The underlying facts found by the Board in this case are not in dispute. In June 1982, DOT and Odyssey entered into a contract for repair work to the Memorial Bridge in Connellsville, Pennsylvania. The initial total contract price was $294,392.50, which amount included $86,355 for Item 2090-0502 (Item) entitled "Concrete Bridge Deck Repair, Special." Under this Item, Odyssey was to repair 4,545 square feet of the bridge at a cost of $19 per square foot by removing existing concrete
[ 109 Pa. Commw. Page 507]
from areas outlined by DOT inspectors, cleaning the holes with compressed air, and filling them with a quick setting material.
Paragraph 3(b) of the Item provided in full:
(b) Preparation of Surface.
The limits of repair areas will be determined and delineated by the engineer. The contractor shall outline the delineated areas with a 3/4 inch deep saw cut.
During the removal of deteriorated concrete should it be found that the area of deteriorated concrete extends beyond the initial saw-cut peripheries, new saw-cuts for repair limits shall be made.
The concrete shall be removed to a depth sufficient to provide a minimum 3/4-inch clearance around all ...