3720 - Board of Claims

when doing its excavations subgrade and paving work. This caused Intercounty delay and
disruption to its work on the Project in Sections One and Two. (N.T. 150-152, 229-230, 535,
1059-1064, 1126; Ex. D-5; F.O.F. 71-75, 76-78, 80, 83, 134-135, 165, 171-192; Board
Finding).
194. From August to October 2002, PennDOT ordered Intercounty to accelerate to try
to finish the Project. While Intercounty and PennDOT were anxious to complete paving in 2002,
the Contract contained restrictions against paving after October 31, 2002 because cold weather
could adversely affect the bituminous mixture that was used. PennDOT refused to waive the
specifications dictating the quality of the paving, so Intercounty could not proceed with the
paving in the cold weather. (Ex. P-51; Board Finding).
195. Due to winter weather, PennDOT suspended road construction paving activities
from December 24, 2002 to April 10, 2003 for a total of 109 days. (N.T. 522-523, 953-954; Ex.
P-61).
196. The pole relocation problems had already pushed the SR 2001 Project into 2003
and an additional design problem occurred at the intersection of Weber Road and SR 2001.
(N.T. 541; Board Finding).
197. The township objected to the width and steepness of the SR 2001 roadway at the
Weber Road intersection. PennDOT eventually agreed to redesign it to lower the grade and
improve the sight distances. (Exs. P-15, P-47, P-54, P-61).
198. Intercounty constructed this section of SR 2001 at the Weber Road intersection
and was paid for the extra work, but Intercounty was not compensated for any delay during this
time. (N.T. 1153-1154; Ex. P-61).
199. The Project was accepted, and the official completion date was June 17, 2003.
(Ex. P-53).
200. In its original construction schedule, Intercounty planned to complete the Project
by August 6, 2002. The contract completion date was November 6, 2002. (N.T. 486; Ex. P-53)
201. From the contract completion date of November 6, 2002 to the actual completion
date of June 17, 2003 was a period of 223 days or about seven months. (Ex. P-53; Board
Finding).
202. On January 1, 2004, PennDOT authorized a 223 day extension of the Project’s
completion date from November 6, 2002 to June 17, 2003. In PennDOT’s written authorization
for certain additional expenses for this extended period, PennDOT wrote that the extra cost was
caused by the “failure of the utility companies to relocate poles as planned and by overruns in
earthwork quantities.” (Exs. P-53, P-2C, P-2E; Ex. D-31).
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