Inc. v. Ridley School Dist.

Boro Construction, Inc. v. Ridley School Dist.
2010 Pa. Commw. LEXIS 124 (Pa. Commw. Ct. Mar. 8, 2010)

The Pennsylvania Commonwealth Court ruled that where a contractor failed to submit an application for final payment, a school district was excused from its duty to tender final payment. At the same time, the Court held that the school district was not entitled to attorney’s fees pursuant to language in the contract’s no damage for delay clause because the clause specifically stated that the contractor was only required to reimburse the agency if it “loses [the] litigation,” and in this case, the contractor defeated some of the agency’s counterclaims.Continue Reading Pennsylvania Court Requires Strict Compliance With Conditions Precedent to Payment on Public Contract; Construes Attorneys Fee-Shifting Provision in “No Damage for Delay” Clause