Tri-County Excavating, Inc. v. Borough of Kingston

Opinion by

Judge Crumlish, Jr.,

The Luzerne County Common Pleas Court modified an arbitrator’s award in favor of Tri-County Excavating, Inc. (Tri-County) upon petition by the Borough of Kingston. Tri-County claimed it was contractually entitled to reimbursement for allegedly unforeseen subsurface conditions encountered in connection with a sewer construction project, namely, unforeseen mine water, utility lines, and a storm main. The arbitrators awarded Tri-County $163,500.00 plus interest. The court below concluded that the arbitrators erred in awarding reimbursement for the mine water problem…