PITTSBURGH – A Jefferson Hills construction company has filed suit against the City of Pittsburgh, claiming it breached a contract with it for a stormwater project and hasn’t made proper restitution.
Plavchak Construction Co., Inc. filed suit in the Allegheny County Court of Common Pleas on July 24 versus the City of Pittsburgh.
On July 7, 2015, the City entered into a construction contract with Plavchak as contractor for the Riverview Park Allegheny Observatory Driveway Renovation & Stormwater Management Project, in Allegheny County.
The plans and specifications for the project were prepared by MTR Landscape Architects and supplied to Plavchak for the purpose of preparing its bid to perform the contemplated work with the contract time limits, according to the lawsuit.
The contract provided Plavchak was to be paid $587,250 for the work, allowing for additions and deductions for quantity variations and changes, with partial payments to be made to Plavchak based on the value of the work completed and final payment upon completion of the work, the suit says.
But, Plavchak says over the course of the work, it encountered conditions that resulted in increased costs to it and processed timely and appropriate claims and requests for approval and payment – while the owner refused to approve or honor claims and requests for approval and payment.
Plavchak completed all work required under the contract and the owner accepted all of it, minus meadow seeding, it says. While Plavchak has made numerous demands for payment of its additional cost claims, the owner refused to pay the amounts due, the suit says.
According to Plavchak, the causes for delay and for additional costs were a result of the following: Unforeseen site conditions requiring a sewer line and repairs of soft spots in the roadway; a sewer line not included in the contract drawings and specifications, but which was required by Allegheny County; delays in the owner making decisions, exposing the work area to adverse weather and site conditions, and delays and inefficiencies; delays involved with the City filing and paying for electric service revisions from Duquesne Light; and failure of the owner to meet for a final walkthrough on the work’s punch list.
For counts of breach of contract, breach of warranty, negligence, promissory estoppel, quantum meruit/unjust enrichment and constructive fraud, the plaintiff is seeking damages in excess of $35,000, plus costs, interest, penalties, attorney’s fees, expenses and other amounts the Court deems just and proper, along with a trial by jury.
The plaintiff is represented by Kevin J. Fiore of Picadio Sneath Miller & Norton, in Pittsburgh.
Allegheny County Court of Common Pleas case GD-17-010250
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com