Greater Johnstown School District v. Frontier Insurance

I respectfully dissent. I am of the opinion that the parties’ conduct effected a waiver of the foundation course requirement. Notably, after construction commenced, two change orders were issued concerning the paving work to be done. Each referenced the thickness of two *619courses of asphalt paving, namely the binder course and the top course, but neither mentioned the foundation course. In addition, Clayton Tanner testified that he thought a foundation course was unnecessary and, prior to the submission of his bid, related that fact to a representative of Sargent, Webster, Crenshaw and Folley…