3720 - Board of Claims

Delay Damages
225. Intercounty claims it incurred delay damages for the entire Project overrun of 223
days (from November 6, 2002, the contract completion date, to June 17, 2003, the actual
completion date) caused by PennDOT’s active interference with its work. (N.T. 5, 29, 31-32;
Ex. P-1J).
226. Intercounty claimed a total of $239,547.10 in additional delay costs that include:
$11,530.27 for Extended Field Conditions; $89,731.00 for Extended Project Supervision;
$22,329.83 for Additional Maintenance and Protection of Traffic; and $115,956.00 for Material
Cost Escalation. (Plaintiff’s Response to PennDOT’s Post-Hearing Brief, App. 2, p. 3; N.T. 747-
756, 823-824, 835-841, 869; Exs. P-1J, P-85).
227. To these additional delay costs, Intercounty requests the Board apply appropriate
markups for overhead and profit per Section 110.03(d)(4) of the 408 Specifications. (Ex. P-1J,
Schedule B, P-60 at pp. 110-5 and 110-6).
228. Section 110.03(d)(4) and (7) prescribe markups for “Extra Work” and are
frequently used to determine appropriate markup for additional cost claims in PennDOT contract
actions. These markups are 40% for labor; 25% for materials; 5% for equipment; and an
additional 8% for subcontract work. (Exs. P-60 at pp.110-5 and 110-6, P-1J, Schedule B; Board
Finding).
229. These markups to cost compensate the contractor, inter alia, for administration,
general and project superintendence, bond costs, overhead and profit. (Ex. P-60 at pp. 110-5,
110-6.)
230. Intercounty claims that it incurred costs totaling $ 11,530.27 for Extended Field
Conditions during the 223 delay period (also referred to herein as the “Extended Period”) needed
to complete the Project. These additional costs for Extended Field Conditions include: $4,000
for lot rental; $1,677.40 for trailer rental; $127.79 for inspector’s office supplies; $1,923.76 for
telephones; $1,690.27 for electricity; $466.40 for job container rental; $1,004.65 for dumpsters
and $640.00 for sanitary facilities. (N.T. 747-756, 823-824, 835-839, 869; Exs. P-1J; P-85).
231. Intercounty established that it incurred $11,530.27 in additional costs for
Extended Field Conditions in the Extended Period. (F.O.F. 222-230; Board Finding).
232. With markups pursuant to Section 110.03(d)(4) and (7) of the 408 Specifications
on the additional costs for Extended Field Conditions, Intercounty incurred total damages for
Extended Field conditions in the Extended Period of $12,470.02. (Exs. P-60 at pp. 110-5 and
110-6; F.O.F. 231; Board Finding).
233. Intercounty initially claimed $22,329.83 for additional Maintenance and
Protection of Traffic (“MPT”) due to delay through the Extended Period from November 6, 2002
to the end of the Project. (N.T. 796-797, 855-856; Exs. P-1J, P-85(10); Ex. D-16).
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