Pennsy Supply, Inc. v. Nicholson Co.

POPOVICH, Judge:

This is an appeal from an order denying appellant’s motion to modify or vacate an arbitration award. We reverse.

The appellant, Pennsy Supply, Inc. (hereinafter referred to as Pennsy), supplied transit-mixed concrete during the construction of an industrial storage silo at the Ralston Purina plant in Mechanicsburg, Pennsylvania. A problem arose during construction of the silo, causing a delay before construction could be resumed. As general contractor, appellee, The Nicholson Company (hereinafter referred to as Nicholson), absorbed the costs of the delay. Nicholson alleged that…