Pa. Cons. Stat. » 62 Pa. Cons. Stat. (PROCUREMENT) / Chapter 17
Pennsylvania Consolidated Statutes

62 Pa. Cons. Stat. § 1712.1 (2026)

  Contract controversies.

✓ current as of May 2026
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§ 1712.1.  Contract controversies.

(a)  Right to claim.--A contractor may file a claim with the contracting officer in writing for controversies arising from a contract entered into by the Commonwealth.

(b)  Filing of claim.--A claim shall be filed with the contracting officer within six months of the date it accrues. If a contractor fails to file a claim or files an untimely claim, the contractor is deemed to have waived its right to assert a claim in any forum. Untimely filed claims shall be disregarded by the contracting officer.

(c)  Contents of claim.--A claim shall state all grounds upon which the contractor asserts a controversy exists.

(d)  Determination.--The contracting officer shall review a claim and issue a final determination in writing regarding the claim within 120 days of the receipt of the claim unless extended by consent of the contracting officer and the contractor. If the contracting officer fails to issue a final determination within the 120 days unless extended by consent of the parties, the claim shall be deemed denied. The determination of the contracting officer shall be the final order of the purchasing agency.

(e)  Statement of claim.--Within 15 days of the mailing date of a final determination denying a claim or within 135 days of filing a claim if no extension is agreed to by the parties, whichever occurs first, the contractor may file a statement of claim with the board.

(f)  Applicability.--The provisions of 2 Pa.C.S. (relating to administrative law and procedure) shall not apply to this section.

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

 

2002 Amendment.  Act 142 added section 1712.1.

Cross References.  Section 1712.1 is referred to in sections 1702, 1724 of this title.

Notes of Decisions
Cited in 30 cases (8 in the last 5 years), 2005–2024 · leading case: Dep't of Gen. Servs. v. Pittsburgh Bldg. Co., 920 A.2d 973 (Pa. Commw. Ct. 2007).
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Dep't of Gen. Servs. v. Pittsburgh Bldg. Co., 920 A.2d 973 (Pa. Commw. Ct. 2007). · cites it 4× “1 of the Procurement Code, 62 Pa.C.S. § 1712.1, because it filed its Supplemental Claim with DGS three days after filing the Statement of Claim with the Board, and PBC did not file another statement of claim.”
Sci. Games Int'l, Inc. v. Commonwealth, 66 A.3d 740 (Pa. 2013). · cites it 2× “See 62 Pa.C.S. § 1712.1. According to the panel, however, the availability of this administrative remedy cannot impede access to the Commonwealth Court’s original jurisdiction to seek nonmonetary relief, since “[t]hat reading .”
Roe v. Pennsylvania Game Comm'n, 147 A.3d 1244 (Pa. Commw. Ct. 2016). · cites it 2× “See 62 Pa.C.S. §1712.1. The question of whether Petitioner has complied with section 1712.”
Hanover Ins. Co. v. State Workers' Ins. Fund, 35 A.3d 849 (Pa. Commw. Ct. 2012). · cites it 2× “62 Pa.C.S. § 1712.1. (Emphasis added.) Section 1712.”
Clairton Slag, Inc. v. Dep't of Gen. Servs., 2 A.3d 765 (Pa. Commw. Ct. 2010). · cites it 2× “; 62 Pa.C.S. § 1712.1. Clairton Slag nonetheless contends that even if filing a claim with the Contracting *781 Officer constitutes an administrative remedy, then it was not required to be “exhausted” as that would have been futile or ineffective.”
Wayne Knorr, Inc. v. Dep't of Transp., 973 A.2d 1061 (Pa. Commw. Ct. 2009). · cites it 2× “1(b) of the Procurement Code, 62 Pa.C.S. § 1712.1(b). PennDOT asserts the Board erred in failing to determine Knorr’s claim was time-barred because, according to PennDOT, Knorr knew of its claim on December 29, 2000, but did not submit its claim to PennDOT until July 25, 2003.”
Buchart Horn, Inc. v. Dep't of Transp., 1 A.3d 960 (Pa. Commw. Ct. 2010). · cites it 3× “62 Pa.C.S. § 1712.1. That section provides: (a) Right to claim.”
Telwell, Inc. v. Pub. Sch. Employees' Ret. Sys., 88 A.3d 1079 (Pa. Commw. Ct. 2014). · cites it 2× “1 [, 62 Pa.C.S. § 1712.1,] (relating to contract controversies)[ 10 ] and Subchapter C (relating to Board of Claims) but only to the extent set forth in this chapter.”
Dubaskas v. Commonwealth, 81 A.3d 167 (Pa. Commw. Ct. 2013). “§ 5522 (providing, among other things, notice requirements for actions against government units) and 62 Pa.C.S. § 1712.1 (establishing procedure to be used in pursuing claim arising from contract entered into by Commonwealth).”
Ferguson Elec. Co. v. Dep't of Gen. Servs., 3 A.3d 681 (Pa. Commw. Ct. 2010). · cites it 2× “1 of the Code, 62 Pa.C.S. § 1712.1. Repealed section 1712, provided as follows: (a) Applicability.”
Clearwater Constr., Inc. & Northampton Cnty. Bridge Partners, LLC v. Northampton Cnty. Gen. Purpose Auth., 166 A.3d 513 (Pa. Commw. Ct. 2017). “1 (governing “protests” of offerors) with 62 Pa. C.S. § 1712.1 (governing “claims” of contractors).”
John XXIII Home v. Dep't of Pub. Welfare, 934 A.2d 198 (Pa. Commw. Ct. 2007). · cites it 2× “1147, and reenacted as part of Title 62 of Pennsylvania’s Consolidated Statutes, effective June 28, 2003. Under the current version, an aggrieved contractor must file a claim with the contracting officer of the Commonwealth within six months of the date it accrues.”
Show all 30 citing cases →
62 Pa. Cons. Stat. § 1712.1(a): 8 cases
Buchart Horn, Inc. v. Dep't of Transp., 1 A.3d 960 (Pa. Commw. Ct. 2010). “62 Pa.C.S. § 1712.1. That section provides: (a) Right to claim.”
Commonwealth, Dep't of Gen. Servs. v. Bd. of Claims, 881 A.2d 14 (Pa. Commw. Ct. 2005).
S.D. Vance v. Cheyney Univ. of PA, R. Bogle & F. Brogan, No. 1751 C.D. 2017 (Pa. Commw. Ct. Dec. 7, 2018).
Sidelines Tree Serv., LLC v. DOT, No. 134 C.D. 2021 (Pa. Commw. Ct. Oct. 27, 2021).
R.J. Coppola, Jr. v. PA Dept. of L&I, SWIF, No. 693 C.D. 2020 (Pa. Commw. Ct. Aug. 6, 2021).
62 Pa. Cons. Stat. § 1712.1(b): 11 cases
Wayne Knorr, Inc. v. Dep't of Transp., 973 A.2d 1061 (Pa. Commw. Ct. 2009). “1(b) of the Procurement Code, 62 Pa.C.S. § 1712.1(b). PennDOT asserts the Board erred in failing to determine Knorr’s claim was time-barred because, according to PennDOT, Knorr knew of its claim on December 29, 2000, but did not submit its claim to PennDOT until July 25, 2003.”
John XXIII Home v. Dep't of Pub. Welfare, 934 A.2d 198 (Pa. Commw. Ct. 2007). “1147, and reenacted as part of Title 62 of Pennsylvania’s Consolidated Statutes, effective June 28, 2003. Under the current version, an aggrieved contractor must file a claim with the contracting officer of the Commonwealth within six months of the date it accrues.”
Baptist Home of Philadelphia v. Dep't of Pub. Welfare, 910 A.2d 760 (Pa. Commw. Ct. 2006).
R.J. Coppola, Jr. v. PA Dept. of L&I, SWIF, No. 693 C.D. 2020 (Pa. Commw. Ct. Aug. 6, 2021).
Lobar Assoc., Inc. v. PA Tpk. Comm., 216 A.3d 526 (Pa. Commw. Ct. 2019).
62 Pa. Cons. Stat. § 1712.1(c): 1 case
Dep't of Labor & Indus., Bureau of Workforce Dev. P'ship v. Dean Inst. of Tech., Inc., 88 A.3d 317 (Pa. Commw. Ct. 2014).
62 Pa. Cons. Stat. § 1712.1(d): 3 cases
Dep't of Gen. Servs. v. Pittsburgh Bldg. Co., 920 A.2d 973 (Pa. Commw. Ct. 2007). “1 of the Procurement Code, 62 Pa.C.S. § 1712.1, because it filed its Supplemental Claim with DGS three days after filing the Statement of Claim with the Board, and PBC did not file another statement of claim.”
DVR Philly, LLC v. Philadelphia Reg'l Port Auth. a/k/a PhilaPort (Bd. of Claims), No. 74 C.D. 2023 (Pa. Commw. Ct. Jan. 9, 2024).
Dep't of Labor & Indus., Bureau of Workforce Dev. P'ship v. Dean Inst. of Tech., Inc., 88 A.3d 317 (Pa. Commw. Ct. 2014).
62 Pa. Cons. Stat. § 1712.1(e): 7 cases
Dep't of Gen. Servs. v. Pittsburgh Bldg. Co., 920 A.2d 973 (Pa. Commw. Ct. 2007). “1 of the Procurement Code, 62 Pa.C.S. § 1712.1, because it filed its Supplemental Claim with DGS three days after filing the Statement of Claim with the Board, and PBC did not file another statement of claim.”
Buchart Horn, Inc. v. Dep't of Transp., 1 A.3d 960 (Pa. Commw. Ct. 2010). “62 Pa.C.S. § 1712.1. That section provides: (a) Right to claim.”
John XXIII Home v. Dep't of Pub. Welfare, 934 A.2d 198 (Pa. Commw. Ct. 2007). “1147, and reenacted as part of Title 62 of Pennsylvania’s Consolidated Statutes, effective June 28, 2003. Under the current version, an aggrieved contractor must file a claim with the contracting officer of the Commonwealth within six months of the date it accrues.”
Baptist Home of Philadelphia v. Dep't of Pub. Welfare, 910 A.2d 760 (Pa. Commw. Ct. 2006).
The Sheward P'ship, LLC v. DGS, No. 1090 C.D. 2015 (Pa. Commw. Ct. Jan. 5, 2016).
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