Commonwealth v. Driscoll Constr. Co.

Opinion by

Judge Rogers,

The Commonwealth’s Department of Transportation (PennDOT) has filed a Petition for Review of a judgment rendered by the Board of Arbitration of Claims against it and in favor of Driscoll Construction Company, Inc. in the amount of $85,278.10 with interest from December 31,1975.

Driscoll was awarded a contract for the construction of sewers under the Delaware Expressway in Philadelphia. The original bid proposal submitted to prospective bidders contained the following Special Requirement:(4) Unsuitable Material — Where it is necessary, at the direction of the Engineer, to…