Department of Transportation v. Bethlehem Steel Corp.

368 A.2d 888, 28 Pa. Commw. 214, 21 U.C.C. Rep. Serv. (West) 36, 1977 Pa. Commw. LEXIS 640
CourtCommonwealth Court of Pennsylvania
DecidedJanuary 18, 1977
DocketNo. 132 C.D. 1975
StatusPublished
Cited by14 cases

This text of 368 A.2d 888 (Department of Transportation v. Bethlehem Steel Corp.) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Department of Transportation v. Bethlehem Steel Corp., 368 A.2d 888, 28 Pa. Commw. 214, 21 U.C.C. Rep. Serv. (West) 36, 1977 Pa. Commw. LEXIS 640 (Pa. Ct. App. 1977).

Opinion

Opinion by

Judge Crumlish, Jr.,

The Pennsylvania Department of Transportation (PennDOT) originated this litigation by filing a com[217]*217plaint in trespass and assumpsit against Bethlehem Steel Corporation (Bethlehem) and Sanders and Thomas, Inc. (Sanders) in connection with the buckling of a structural steel member of a bridge improvement built for PennDOT in the City of Bethlehem (City). Both Defendants filed preliminary objections to this complaint and Bethlehem filed a first third-party complaint and amended complaint against No. 1 Contracting Corporation of Delaware (No. 1) and Tensor Engineering Company. Bethlehem later filed a second amended third-party complaint against No. 1 and Tensorex Engineering Company of New York and Tensorex Engineering Company of Florida (Tensorex). Tensorex in turn has filed preliminary objections to Bethlehem’s second amended complaint. To date No. 1 has filed no responsive pleading to Bethlehem’s second amended complaint.

In attempting to frame the posture of this case, we note that PennDOT’s original complaint alleges that on or about March 31, 1967, PennDOT, the City, and Bethlehem entered into a written agreement whereby Bethlehem was to engage the services of a consulting engineer who would furnish design plans and drawings for reconstruction and improvement of Legislative Route 48096, more specifically known as the New Street Bridge and its approaches. The consulting engineer obtained by Bethlehem was Sanders. It is further alleged that pursuant to their various contractual obligations, Bethlehem and Sanders collaborated in producing a design of a new slant leg rigid frame steel bridge. Tensorex enters this scenario as consultant to Bethlehem, employed to aid. in the preparation of the design drawings ultimately used by Bethlehem. More specifically, Tensorex was to have done certain detail work for Bethlehem, take drawings and specifications prepared by Bethlehem and Sanders, and prepare these drawings and speci[218]*218fications for use by Bethlehem in fabricating the steel to be provided in the construction of the bridge. Bethlehem’s second amended complaint alleges that the detail work done by Tensorex was defective in that it omitted and relocated certain brackets (web stiffeners) called for in the basic Sanders plan.

Bethlehem’s other second amended complaint related to No. 1. It is alleged that following advertising of the bid proposal which contained specifications received from the Bethlehem-Sanders design plans, PennDOT awarded the contract to the successful low bidder, No. 1, for construction of the improvements. Allegations are made that No. l’s failure to use workmanable techniques in pouring concrete in a manner which would avoid overstressing of the bridge subjects No. 1 to liability.

For purposes of this opinion we shall dispose of both the preliminary objections lodged against the original complaint and those outstanding against Bethlehem’s second amended third-party complaint.

PennDOT v. Bethlehem — Bethlehem’s Preliminary Objections

1. Initially, Bethlehem argues that in Count I, PennDOT alleges Sanders became the agent of Bethlehem for the preparation of a suitable and safe design of a bridge structure, that Bethlehem and Sanders collaborated in producing a design for the bridge, and further that PennDOT has failed to aver any facts in support of its conclusion that Sanders was Bethlehem’s agent and that the parties collaborated in the bridge design as required by Pa. R.C.P. No. 1019(a).

As we recently said in General State Authority v. The Sutter Corporation, 24 Pa. Commonwealth Ct. 391, 395, 356 A.2d 377, 381 (1976):

Buie 1019(a) requires fact pleading. ‘The purpose of [1019(a)] is to require the pleader [219]*219to disclose the “material facts” sufficient to enable the adverse party to prepare his ease.’ A complaint therefore must do more than ‘give the defendant fair notice of what the plaintiff’s claim is and the grounds upon which it rests.’ It should formulate the issues by fully summarizing the material facts. ‘Material facts’ are ‘ultimate facts,’ i.e., those facts essential to support the claim. Evidence from which such facts may be inferred not only need not but should not be alleged. . . . Allegations will withstand challenge under 1019(a) if (1) they contain averments of all of the facts the plaintiff will eventually have to prove in order to recover, and (2) they are ‘sufficiently specific so as to enable defendant to prepare his defense.’
With the realization that GSA’s allegations will withstand a 1019(a) scrutiny only if they contain averments of all of the facts that plaintiff will eventually have to prove, and they are sufficiently specific to enable a defense to be prepared, we must determine whether the facts as pleaded are material in relation to the posture of the parties as determined by the buildup guarantee. (Citations omitted.)

We have reviewed the disputed allegations in light of Pa. R.C.P. No. 1019(a) and conclude that the allegations of agency between Bethlehem and Sanders, and those establishing the working relationship between Bethlehem and Sanders, are sufficient to withstand the test of 1019(a). PennDOT has pleaded material facts establishing the contractual relationship of the parties and their respective rights and duties incident thereto, and those facts pleaded do enable Bethlehem to prepare a defense.

Next, Bethlehem contends that the ad damnum clauses of Counts I and II fail to set forth when each [220]*220of the items of work listed in the Plaintiff’s complaint were paid as required by Pa. R.C.P. No. 1019(a) and (f), and further, objection is made to the ad damnum clause of Count II in that it fails to distinguish between those items of damage which arose from negligence of omission or relocation of the web stiffeners and those which arose as a result of the negligence in selection of a design engineer. The damages as pleaded are as follows:

“Payee

No. 1 Contracting Corporation of Delaware

Item of Work Work performed to prop distressed West Bridge Knees

Cost

Modification to Bast Bridge Frames A, B and C Knee strengthening

$ 47,549.81

Temporary X-bracing Frame A North side Pier No. 7 and North and South sides Pier No. 8 West Bridge

75,104.39

Modification to East Bridge Frame B girder

19,700.89

Restoration and modification of West Bridge Frame B Knees

12,195.00

Additional Bond and Insurance Premium

484,362.90

Additional Inspector Office Rental

5,655.28

Additional cost for Railroad Protection

3,600.00

Escalation to items of [sic] for brick sidewalk, granite curb and enclosure building, due to delay in completion of the project

1,236.58

21,528.86

[221]*221No. 1 Contracting

Escalation to labor rates

Corporation of Delaware

and benefits due to delay in completion of the project 63,657.47

Gannett, Fleming, Cord-dry and Carpenter, Inc.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Delaware Riverkeeper Network v. PA DEP
Commonwealth Court of Pennsylvania, 2018
McClellan v. Health Maintenance Organization
604 A.2d 1053 (Superior Court of Pennsylvania, 1992)
Doe v. Dyer-Goode
566 A.2d 889 (Supreme Court of Pennsylvania, 1989)
Jackson v. Southeastern Pennsylvania Transportation Authority
566 A.2d 638 (Commonwealth Court of Pennsylvania, 1989)
Sullivan v. County of Bucks
499 A.2d 678 (Commonwealth Court of Pennsylvania, 1985)
Dravo Corp. v. White Consolidated Industries, Inc.
602 F. Supp. 1136 (W.D. Pennsylvania, 1985)
M & G Convoy Inc. v. Somerset Drug Co.
43 Pa. D. & C.3d 85 (Somerset County Court of Common Pleas, 1982)
Himmler v. United States
474 F. Supp. 914 (E.D. Pennsylvania, 1979)
McKonley v. Franco
12 Pa. D. & C.3d 105 (Cumberland County Court of Common Pleas, 1979)
Azcon Corp. v. Dual State Builders, Inc.
8 Pa. D. & C.3d 499 (Philadelphia County Court of Common Pleas, 1978)
Duskin v. Parks
11 Pa. D. & C.3d 299 (Philadelphia County Court of Common Pleas, 1978)
Holt Hauling & Warehousing Systems, Inc. v. Rapistan, Inc.
448 F. Supp. 991 (E.D. Pennsylvania, 1978)
Albert Einstein Medical Center v. Nathans
5 Pa. D. & C.3d 619 (Philadelphia County Court of Common Pleas, 1978)
Commonwealth v. Bethlehem Steel Corp.
380 A.2d 1308 (Commonwealth Court of Pennsylvania, 1977)

Cite This Page — Counsel Stack

Bluebook (online)
368 A.2d 888, 28 Pa. Commw. 214, 21 U.C.C. Rep. Serv. (West) 36, 1977 Pa. Commw. LEXIS 640, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-transportation-v-bethlehem-steel-corp-pacommwct-1977.