3720 - Board of Claims

etween Intercounty and Tilcon. Instead, PennDOT simply reiterated its arguments that the
document cannot be trusted because of the timing of its creation and because it is not supported
by Tilcon invoices or Intercounty cost reports.
The Board finds the testimony of Mr. Lizza regarding the oral agreement with Tilcon to
be credible and reliable. We further find that, under the specifics of this case and the weight of
evidence presented, the oral agreement between Tilcon and Intercounty, coupled with Tilcon’s
letter of June 15, 2002 (Exhibit P-58), are sufficient to support Intercounty’s claim that it is
indebted to Tilcon for the asphalt material cost escalation of $115,956. The Board also finds the
testimony of Mr. Lizza with respect to the identification and circumstances surrounding the
creation of Exhibit P-86, and his assertion that Exhibit P-86 accurately reflects the parties' earlier
oral agreement, to be credible and reliable. Because we find that adequate foundation has been
provided for Exhibit P-86; because the document is relevant and material to the issues of the
case; and because PennDOT has failed to state or support an adequate basis to preclude
admission of this document, but has, at best, offered reasons to question its persuasiveness, the
Board will admit the document into evidence. Allegheny Ludlum Corp. v. Municipal Authority
of Westimoreland County, 659 A.2d 20, 30-31 (Pa. Cmwlth. 1995); Com. v. Holtzapfel, 895
A.2d 1284, 1289 (Pa. Cmwlth. 2006). The Board finds that Intercounty has incurred material
escalation costs for the increase in asphalt cost of $115,956 for material purchased after August
2002 due to delay in the Project caused by PennDOT's active interference with Intercounty's
work. With appropriate markup per Section 110.03(d)(4) and (7) this results in damages of
$144,945 due to Intercounty for material cost escalation.
For Extended Project Supervision, Intercounty claims that it incurred expenses of
$89,731.00 for 7 months (from November 2002 to June 2003) for additional project supervision
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