Durkin & Sons v. Department of Transportation

ARGUED: September 13, 1999 OPINION BY JUDGE SMITH Thomas M. Durkin & Sons, Inc. (Durkin) petitions for review of a decision of the Pennsylvania Board of Claims (Board) which resolved claims arising from a highway construction contract between Durkin and the Department of Transportation (DOT). Durkin appeals from the Board's partial award of ""standby costs"" for equipment used to construct two retaining walls (Claim C) and the Board's denial of costs for temporary concrete barrier and temporary impact attenuators used on the highway construction project during its final year (Claim J). DOT appeals from the Board's award of compensation to Durkin for the removal of rock during the construction of a retaining wall (Claim G). I.