Pennsylvania Supreme Court Explicitly Declares Attorneys’ Fees and Penalty Provision of the Pennsylvania Prompt Pay Act Discretionary
On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Public Construction Projects on Sep 6, 2016.
n an opinion issued in July, the Pennsylvania Supreme Court categorically declared the award of attorneys’ fees and penalties under the Pennsylvania Prompt Pay Act to be discretionary. While the statute itself contains language which suggests such an outcome, the Court’s decision in Scott Enterprises, Inc. v. City of Allentown formally settles an issue which many construction practitioners understood differently and argued differently in litigation.
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