Legal Opinion
Black Top Paving Co. v. Commonwealth
Commonwealth Court of Pennsylvania
Decided October 19, 1983No. Appeal, No. 577 C.D. 1982PublishedCited by 9 opinions
1Opinion of the Court
Opinion by
Judge Craig,
Black Top Paving Company appeals from an order by the Board of Claims (board) which dismissed the company’s claim against the Pennsylvania Department of Transportation (DOT) for $5,382.06, the amount withheld by DOT because of Black Top’s inability to meet compaction standards for the wearing (surface) course of an area, designated as Lot 1, under a contract to resurface a legislative route in Perry Township.
We must decide if, in interpreting the contract, the board committed an error of law1 by (1) holding Black Top to a minimum acceptable theoretical density compaction…
2Cases cited10 opinions
- Flippin Materials Co. v. United StatesUnited States Court of Claims · 1963
- Pennsylvania Turnpike Commission v. SmithSupreme Court of Pennsylvania · 1944
- McNamara Construction of Manitoba, Ltd. v. United StatesUnited States Court of Claims · 1975
- Commonwealth v. Acchioni & Canuso, Inc.Commonwealth Court of Pennsylvania · 1974
- Acchione and Canuso v. COM., DEPT. OF TR.Supreme Court of Pennsylvania · 1983
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- McDermott v. Party City Corp.District Court, E.D. Pennsylvania · 1998
- Trumpp v. TrumppSupreme Court of Pennsylvania · 1985
- Morningstar v. Department of TransportationCommonwealth Court of Pennsylvania · 1994
- Commonwealth, Department of General Services v. Lhormer Real Estate Agency, Inc.Commonwealth Court of Pennsylvania · 1988
- BAIM v. DUKARTDistrict Court, E.D. Pennsylvania · 2022
4 more not listed; retrieve them via the Exa API.