Pennsylvania Turnpike

Project Details

  • Pennsylvania Turnpike Commission
    Western PA
    $50 million

    This project involved the planned $50 million reconstruction of more than nine miles of highway and rehabilitation of existing bridges in western Pennsylvania. Payment was based on unit rates and, due to quantity overruns, the total construction costs exceeded $62 million. The contractor filed a $15.5 million claim alleging inefficiencies caused by unforeseen conditions, predominantly unsuitable soil requiring stabilization. The claims were heard by the Commonwealth of Pennsylvania Board of Claims.

    GREYHAWK was hired by legal counsel for the Pennsylvania Turnpike Commission to review the allegations of unforeseen conditions, inefficiencies and cost impacts claimed by the contractor. Four claim reports were made by or on behalf of the contractor, including “Request for Compensation of Contract Damages,” “Quantification of Damages on Pennsylvania Turnpike Roadway Reconstruction,” a separate expert report supporting damages, and “Excusable Nature of Delays on Pennsylvania Turnpike Roadway Reconstruction.” GREYHAWK reviewed and responded to all the reports submitted and issued rebuttal reports to the Commonwealth of Pennsylvania Board of Claims.

    GREYHAWK created a detailed as-built schedule of the project outlining the critical activities, depicting cause and effect relationships, which demonstrated that there was minimal impact caused by the alleged unforeseen conditions and that it was the incompetence of the contractor that caused the cost overruns. The contractor’s claim for damages used a Total Cost Method to support its alleged cost impact. GREYHAWK reviewed the damage claims and demonstrated that the Total Cost Method was inappropriate for many reasons. GREYHAWK concluded that the contractor was entitled to some compensation due to legitimate impacts.

    GREYHAWK provided expert testimony before the Commonwealth of Pennsylvania Board of Claims. The Board ruled in favor of the Turnpike Commission, granting a mere $40,000 of the $15.5 million claimed by the contractor. The verdict withstood appeal.