3720 - Board of Claims

For the Extended Field Conditions, Intercounty has established that it incurred additional
costs of $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. Intercounty is entitled to recover these
expenses incurred during the extended period, totaling $11,530.27, from PennDOT. With
markups pursuant to Sections 110.03(d)(4) and (7) of the 408 Specifications, which we find
appropriate in this case, we hold that Intercounty sustained damages for Extended Field
Conditions in the total amount of $12,470.02.
For the Extended Maintenance and Protection of Traffic (“MPT”), the Board finds that
for the delay period from November 6, 2002 to completion of the Project, Intercounty incurred
additional labor and equipment costs for the maintenance and protection of traffic comprised of
flaggers and accompanying rack truck while work was being performed on the roadway. The
evidence establishes that Intercounty is due $10,578.16 in additional MPT costs for this period.
With appropriate markup, pursuant to Sections 110.03(d)(4) and (7) of the 408 Specifications,
this results in $14,225.79 in total MPT damages for the extended period.
Intercounty also claims it has incurred an additional $115,956 in material cost escalation
for asphalt used on the Project due to the delay. In addition to denying liability, PennDOT also
objects to paying for this claim because it contends this additional amount is not supported by the
evidence.
Under Section 110.04 of the 408 Specifications, the contractor may recover for material
cost increases for bituminous materials. At the hearing, Mr. Lizza testified that on June 15,
2002, Tilcon New York, Inc. (“Tilcon”), Intercounty’s asphalt supplier, sent Intercounty a letter,
notifying it that because the Project was extending past its original August 2002 completion date
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