3720 - Board of Claims

281. The Board finds that the difference between the 67 planned days of original
excavation and the 135 days of actual original excavation is 68 days of actual original
excavation. We further find that these 68 days are a reasonable measure of the disruption caused
to Intercounty by the utility pole relocation issues and PennDOT’s active interference with
Intercounty’s work. (N.T. 242-246, 893-895; Exs. P-1J, P-5, P-61, P-69, P-77, P-85; Ex. D-24;
F.O.F. 269-280; Board Finding).
282. Intercounty experienced 68 extra days of original excavation that were caused by
PennDOT’s active interference. (F.O.F. 269-282; Board Finding).
283. The Project’s excavation records that show the areas of roadway worked upon
during the 68 extra days along with the Project’s plans, drawings and elevations, as well as the
testimony and pictures in evidence all support Intercounty’s assumption that it used a full crew to
work a full day for these 68 extra days (N.T. 984; Ex. P-77; Ex. D-24; Board Finding).
284. Intercounty initially claimed that it incurred lost productivity costs on the Project
due to 68 additional days of original excavation caused by PennDOT’s active interference in the
amount of $430,100, but, responding to PennDOT challenge of its crew make-up costs, revised
and reduced its lost productivity cost claim by eliminating the following laborers: 1 foreman, 1
operator and two flaggers. (PennDOT’s Post-Hearing Brief; Intercounty’s Reply to PennDOT’s
Post-Hearing Brief at p. 45 and App. 2 at p. 3; Ex. P-85 (15)).
285. Intercounty’s revised lost productivity claim is as follows:
Labor costs: 1 Foreman at $217/day and 2 Laborers at $215/day each and 1
Operator at $318/day = 965/day. $965 times 68 additional days of Class 1
excavation = $65,620 in additional labor costs.
Equipment costs: 1 excavator at $500/day and 7 trucks at $500/ day each and 1
Dozer at $250/day and 1 Pickup truck at $65/day and 1 Rack body truck at
$80/day = $4,395/day in equipment costs. $4,395 times 68 additional days =
$298,860.
Thus, Intercounty now claims that its total labor and equipment costs due to lost productivity are
$364,480 ($65,620 labor + $298,860 equipment). (Intercounty’s Reply to PennDOT’s Post-
Hearing Brief at p. 45 and App. 2 at p. 3; Ex. P-77; Ex. D-24; Board Finding).
286. On the evidence provided, Intercounty’s estimate of 68 days of its lost
productivity is justified, adequately supported and reasonably certain. (F.O.F. 269-285; Board
Finding).
287. The Board finds that Intercounty incurred lost productivity costs on the Project
due to PennDOT’s active interference and reflected by the 68 additional days of original
excavation, in the sum of $364,480. (F.O.F. 269-286; Board Finding).
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