According to the plaintiff’s complaint, the facts are as follows: The Tamaqua Area School District invited sealed bids for the construction of a middle school in March 1999. On May 6, 1999, Quaker and Kinback were awarded the general trades contract and the electrical contract respectively.
Kinback could perform a substantial portion of its electrical work only after other trades had completed certain portions of their work. The construction project began to experience delays as a result of Quaker being unable to meet any of its construction deadlines. The project began to operate out of sequence. Electrical work could not be installed in a productive manner until the building structure was reasonably complete; therefore, the other contractors had to substantially complete their work before Kinback could begin its primary work. Because of the delays caused by Quaker, Kinback had to accelerate staffing levels and work overtime in order to complete designated areas for the owner’s occupancy. As a result of the delays caused by Quaker, Kinback incurred substantial additional costs by not being able to complete the project by its final completion date. These additional costs include labor and material surcharges in excess of $250,000.00.