Swindell-Dressler Co. v. Commonwealth

Opinion by

Judge Mencer,

In Swindell Dressler Co. v. Department of Transportation, 42 Pa. Commonwealth Ct. 634, 401 A.2d 600 (1979), we ruled on a dispute between Swindell-Dressler Company (Swindell) and the Pennsylvania Department of Transportation (PennDOT) concerning whether Swindell’s fee for engineering and design services should be based on an estimate of construction costs or upon the bid submitted by the successful contractor. Our ruling, based on the provisions of the agreement between the parties and the facts of the case, was that Swindell’s fee must be based upon the approved…