3720 - Board of Claims

days of original excavation and the 135 days of actual original excavation (i.e. 68 days) to be a
reasonable measure of the disruption caused Intercounty by the utility pole relocation issues and
PennDOT's active interference with its work.
We also concur with Intercounty that the 68 extra days of original excavation caused by
PennDOT's active interference (and shown on Project records) did entail a full crew for a full day
as asserted in Intercounty's disruption calculation. In fact, the Board's own review of the
Project's excavation records (primarily Exhibits D-24 and P-77); the excavation quantities and/or
areas of roadway worked upon during these extra 68 days (as reflected in these records); and the
Project plans, drawings and elevations, as well as the testimony and pictures introduced into
evidence, all lead us to conclude that Intercounty's assumption of a full crew and a full workday
(as reflected in its modification made in Post-Hearing Brief) is fully justified by the excavation
quantities and areas addressed during these 68 extra days. (Exs. D-24, P-77).
That is to say,
although questioned closely by the Board as to its assertion of a full crew for a full day, and
challenged by Defendant's expert as unconventional methodology, we ultimately do find, upon
the evidence provided, that Intercounty's estimate of its lost productivity is justified, adequately
supported and reasonably certain. For the reasons set forth more fully above, we find that
Intercounty incurred lost productivity costs on the Project due to PennDOT's active interference,
as reflected by additional days of original excavation, in the sum of $364,480. With appropriate
markup pursuant to Section 110.03(d)(4) and (7) of the 408 Specifications, this results in total
disruption damages due to Intercounty of $405,671.
In contrast, we find no merit to Intercounty's claim for an additional $56,800.00 for the
cost of re-handling stockpiled material. Under the Contract, Intercounty had to straighten and
widen approximately three and five-eights miles of SR 2001 by excavating hillside and "filling-
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