3720 - Board of Claims

352. Since no required road testing for smoothness was done by agreement of both
parties, the Board finds that Intercounty has not established that it met the Ride Quality Incentive
criteria for the bonus and PennDOT has not established that Intercounty failed the Ride Quality
Incentive criteria for imposition of a penalty. (F.O.F. 346-351; Board Finding).
Claim for Pre-judgment Interest and Attorney Fees
353. The record does not reflect the date on which this claim was filed with the
contracting officer. (Board Finding).
354. On July 12, 2004, PennDOT denied this claim. (N.T. 872).
355. The Board finds that the July 12, 2004 date is the closest date in the record to the
date the claim was filed with the contracting officer that we can find to commence interest
accrual on the claim. (N.T. 872; Board Finding).
356. Pre-judgment interest on the damage amount of $590,883.06 at the statutory rate
for judgments (6% per annum) from July 12, 2004 to the date of this judgment is $169,406.17.
The total damage award plus pre-judgment interest therefore amounts to $760,289.23. (62
Pa.C.S.A. § 1751; Board Finding).
357. Intercounty requests an award of attorney fees under Section 3935 of the
Procurement Code, alleging that PennDOT withheld payment in bad faith and acted arbitrarily
and vexatiously with respect to PennDOT’s acts and/or omission on the Project. (Complaint at
p. 12; 62 Pa.C.S. § 3935(b)).
358. This Contract was one for highway construction with PennDOT as the contracting
Commonwealth party. (N.T. 129; Ex. P-8).
359. The Board does not find any misconduct on the part of PennDOT or Intercounty
in presentation or argument of this case before the Board or any other factors which would cause
us to award costs (other than attorney fees) in this matter. (Board Finding).
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