Legal Opinion

Nether Providence Township School Authority v. Thomas M. Durkin & Sons, Inc.

Supreme Court of Pennsylvania

Decided May 31, 1984No. 81 E.D. Appeal Docket 1983PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

PAPADAKOS, Justice.

This appeal by the Nether Providence Township School Authority (Authority) calls into question well-settled principles of law concerning waiver of public contract provisions regulating change orders and extra work claims.

The Authority and Thomas M. Durkin and Sons, Inc., (Contractor) entered into a contract on June 12, 1968, under which the Contractor was to construct a new high school for the Authority at a price of $586,000.00. Not long after construction began, the Contractor noticed discrepancies between the site plan topography contour lines and the…

2Cases cited11 opinions

  1. Silsby Mfg. Co. v. AllentownSupreme Court of Pennsylvania · 1893
  2. Goetz's EstateSupreme Court of Pennsylvania · 1912
  3. Lehigh County v. KlecknerSupreme Court of Pennsylvania · 1843
  4. Malone v. PhiladelphiaSupreme Court of Pennsylvania · 1892
  5. City ex rel. O'Rourke v. HaysSupreme Court of Pennsylvania · 1880

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3Cited by6 opinions

  1. Atlas Tack Corp. v. DonabedMassachusetts Appeals Court · 1999
  2. Derry Township School District v. Suburban Roofing Co.Commonwealth Court of Pennsylvania · 1986
  3. Commonwealth v. Children's Rehabilitation Center, Inc.Commonwealth Court of Pennsylvania · 1986
  4. Mar-Paul Co. v. Jim Thorpe Area School District, Pennsylvania Court of Common Pleas, Carbon County2008
  5. Commonwealth v. Burrell Construction & Supply Co.Commonwealth Court of Pennsylvania · 1984

1 more not listed; retrieve them via the Exa API.

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