3720 - Board of Claims

objection from Intercounty, instructed Intercounty not to waste the Section Three material, but to
stockpile it for later use on the Project. As a result, Intercounty did not have to purchase fill
offsite later and truck it in for the embankments, but instead it used the Section Three stockpiled
material and incurred some costs for re-handling instead of importing borrowed fill at its own
cost. In sum, Intercounty has not established that “flipping” the Construction Sequence caused it
to incur costs beyond those it would have incurred anyway or that it did anything out of the norm
for Class 1 Excavation by stockpiling cut material for subsequent use as fill on the Project.
Under the provisions of the Contract and the 408 Specifications, Intercounty is not
entitled to further payment for its stockpiling and re-handling activities under Class 1
Excavation. PennDOT has no liability for these costs.
Intercounty also claims that PennDOT owes it additional compensation relating to its
performance of certain undercutting (i.e. the removal of unstable material as determined during
roadway subgrade construction and the backfilling of these excavations with “borrow” rock until
the ground is stable). Intercounty contends that it is entitled to recover because of undisclosed
site conditions, because it had to do more undercutting excavation than planned, because it was
not paid at the proper rate for this excavation and because it incurred inefficiencies due the outof-sequence,
spread-out nature of the undercut work caused by disruption to the planned
Construction Sequence. PennDOT responds that it correctly disclosed all site conditions known
to it, that undercutting was to be expected, that it made no representations as to the quantity of
the undercut and that it paid Intercounty for the undercut work at the rate designated in the
Contract.
The evidence supports PennDOT's contention that Intercounty knew or should have
understood that once the excavation to widen the roadway began that some undercutting would
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