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Pennsylvania Consolidated Statutes

62 Pa. Cons. Stat. § 1702 (2026)

 Sovereign immunity.

✓ current as of May 2026
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§ 1702.  Sovereign immunity.

(a)  General rule.--The General Assembly under section 11 of Article I of the Constitution of Pennsylvania reaffirms sovereign immunity, and, except as otherwise provided in this chapter, no provision of this part shall constitute a waiver of sovereign immunity for the purpose of 1 Pa.C.S. § 2310 (relating to sovereign immunity reaffirmed; specific waiver) or otherwise.

(b)  Exception.--The General Assembly under section 11 of Article I of the Constitution of Pennsylvania does hereby waive sovereign immunity as a bar to claims against Commonwealth agencies brought in accordance with sections 1711.1 (relating to protests of solicitations or awards) and 1712.1 (relating to contract controversies) and Subchapter C (relating to Board of Claims) but only to the extent set forth in this chapter.

(Dec. 3, 2002, P.L.1147, No.142, eff. imd.)

 

2002 Amendment.  Act 142 amended subsec. (b).

Notes of Decisions
Cited in 28 cases (13 in the last 5 years), 2006–2026 · leading case: Sci. Games Int'l, Inc. v. Commonwealth, 66 A.3d 740 (Pa. 2013).
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Sci. Games Int'l, Inc. v. Commonwealth, 66 A.3d 740 (Pa. 2013). · cites it 8× “See 62 Pa.C.S. § 1702. Reargument was requested, which the Commonwealth Court refused; however, per Appellants’ request, the panel ultimately certified its order for interlocutory appeal.”
Roe v. Pennsylvania Game Comm'n, 147 A.3d 1244 (Pa. Commw. Ct. 2016). · cites it 8× “62 Pa.C.S. § 1702 (text emphasis added). Consequently, sovereign immunity is waived for claims over which the Board has exclusive jurisdiction.”
A.J. Russo v. Allegheny Cnty., & the Court of Common Pleas of Allegheny Cnty., PA, Crim. Div., 125 A.3d 113 (Pa. Commw. Ct. 2015). · cites it 3× “In Section 1702 of the Procurement Code, the General Assembly has waived sovereign immunity with respect to contract claims against the Commonwealth and its employees and officials acting within the scope of their duties in cases relating to protests of solicitations and awards,…”
Dubaskas v. Commonwealth, 81 A.3d 167 (Pa. Commw. Ct. 2013). · cites it 2× “The Supreme Court further explained that “the exception to sovereign immunity pertaining to Board-of-Claims jurisdiction defines the extent of the Commonwealth’s statutory exception from sovereign immunity for claims arising from contract.”
Brimmeier v. Pennsylvania Tpk. Comm'n, 147 A.3d 954 (Pa. Commw. Ct. 2016). “Relative to Brimmeier’s breach of contract and contract-related promissory estoppel 7 claims, in Section 1702(b) of the Commonwealth Procurement Code (Procurement Code), 8 62 Pa.C.S. § 1702(b), the General Assembly waived immunity from claims that fall under the Board of Claims’…”
Highley v. Pa. Dep't of Transp., 195 A.3d 1078 (Pa. Commw. Ct. 2018). “62 Pa. C.S. § 1702. While Sections 1711.1 and 1702 of the Procurement Code govern bidders, offerors, prospective bidders or offerors, and prospective contractors, Petitioners do not fall within any of those categories.”
Chiro-Med Review Co. v. Bureau of Workers'Comp., 908 A.2d 980 (Pa. Commw. Ct. 2006). · cites it 2× “" [6] For example, certain actions may be brought against the Commonwealth pursuant to Section 1702(b) of the Procurement Code, 62 Pa. C.S. §1702(b). [7] Because we conclude sovereign immunity bars Petitioner's claim, we will not address the Bureau's contention Petitioner waived…”
Dep't of Health v. Data-Quest, Inc., 972 A.2d 74 (Pa. Commw. Ct. 2009). “Section 1702(b), as amended, 62 Pa.C.S. § 1702(b), provides that sovereign immunity is waived "as a bar to claims against Commonwealth agencies brought in accordance with section 1711.”
Armenti v. Pennsylvania State Sys. of Higher Educ., 100 A.3d 772 (Pa. Commw. Ct. 2014). “Under Title 62, the General Assembly has waived sovereign immunity for certain contract claims against the Commonwealth and its agencies, but that waiver applies only to claims “brought in accordance with” Sections 1711.1 (relating to protests of solicitations or awards) and…”
MSG Grp., Inc. v. Dep't of Pub. Welfare, 902 A.2d 613 (Pa. Commw. Ct. 2006). “62 Pa.C.S. § 1702(b) (emphasis added). 12 .”
Telwell, Inc. v. Pub. Sch. Employees' Ret. Sys., 88 A.3d 1079 (Pa. Commw. Ct. 2014). “” 62 Pa.C.S. § 1702(b); see also Scientific Games II, — Pa.”
Celec v. Edinboro Univ., 132 F. Supp. 3d 651 (W.D. Pa. 2015). “1 (relating to protests of *662 solicitations or awards) and 1712.”
Show all 28 citing cases →
— 62 Pa. Cons. Stat. § 1702(a) — 7 cases
Roe v. Pennsylvania Game Comm'n, 147 A.3d 1244 (Pa. Commw. Ct. 2016). “62 Pa.C.S. § 1702 (text emphasis added). Consequently, sovereign immunity is waived for claims over which the Board has exclusive jurisdiction.”
Sci. Games Int'l, Inc. v. Commonwealth, 66 A.3d 740 (Pa. 2013). “See 62 Pa.C.S. § 1702. Reargument was requested, which the Commonwealth Court refused; however, per Appellants’ request, the panel ultimately certified its order for interlocutory appeal.”
A.J. Russo v. Allegheny Cnty., & the Court of Common Pleas of Allegheny Cnty., PA, Crim. Div., 125 A.3d 113 (Pa. Commw. Ct. 2015). “In Section 1702 of the Procurement Code, the General Assembly has waived sovereign immunity with respect to contract claims against the Commonwealth and its employees and officials acting within the scope of their duties in cases relating to protests of solicitations and awards,…”
U.S. Venture Inc, Aplt. v. Dep of Comm & Econo Dev (Pa. 2021).
Mfw Wine Co. LLC v. Pa Lcb, Aplt. (Pa. 2024).
— 62 Pa. Cons. Stat. § 1702(b) — 13 cases
Sci. Games Int'l, Inc. v. Commonwealth, 66 A.3d 740 (Pa. 2013). “See 62 Pa.C.S. § 1702. Reargument was requested, which the Commonwealth Court refused; however, per Appellants’ request, the panel ultimately certified its order for interlocutory appeal.”
A.J. Russo v. Allegheny Cnty., & the Court of Common Pleas of Allegheny Cnty., PA, Crim. Div., 125 A.3d 113 (Pa. Commw. Ct. 2015). “In Section 1702 of the Procurement Code, the General Assembly has waived sovereign immunity with respect to contract claims against the Commonwealth and its employees and officials acting within the scope of their duties in cases relating to protests of solicitations and awards,…”
Brimmeier v. Pennsylvania Tpk. Comm'n, 147 A.3d 954 (Pa. Commw. Ct. 2016). “Relative to Brimmeier’s breach of contract and contract-related promissory estoppel 7 claims, in Section 1702(b) of the Commonwealth Procurement Code (Procurement Code), 8 62 Pa.C.S. § 1702(b), the General Assembly waived immunity from claims that fall under the Board of Claims’…”
Chiro-Med Review Co. v. Bureau of Workers'Comp., 908 A.2d 980 (Pa. Commw. Ct. 2006). “" [6] For example, certain actions may be brought against the Commonwealth pursuant to Section 1702(b) of the Procurement Code, 62 Pa. C.S. §1702(b). [7] Because we conclude sovereign immunity bars Petitioner's claim, we will not address the Bureau's contention Petitioner waived…”
Dubaskas v. Commonwealth, 81 A.3d 167 (Pa. Commw. Ct. 2013). “The Supreme Court further explained that “the exception to sovereign immunity pertaining to Board-of-Claims jurisdiction defines the extent of the Commonwealth’s statutory exception from sovereign immunity for claims arising from contract.”
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