Pa. Cons. Stat. » 62 Pa. Cons. Stat. (PROCUREMENT) / Chapter 39
Pennsylvania Consolidated Statutes

62 Pa. Cons. Stat. § 3901 (2026)

 Application and purpose of chapter.

✓ current as of May 2026
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CHAPTER 39

CONTRACTS FOR PUBLIC WORKS

 

Subchapter

A.  Preliminary Provisions

B.  General Provisions

C.  Retainage

D.  Prompt Payment Schedules

E.  Substantial/Final Payment

 

Enactment.  Chapter 39 was added May 15, 1998, P.L.358, No.57, effective in 180 days.

Cross References.  Chapter 39 is referred to in section 11901.7 of Title 11 (Cities); section 15102 of Title 16 (Counties); section 1750 of Title 74 (Transportation).

 

 

SUBCHAPTER A

PRELIMINARY PROVISIONS

 

Sec.

3901.  Application and purpose of chapter.

3902.  Definitions.

§ 3901.  Application and purpose of chapter.

(a)  Application.--Except as otherwise specifically provided in this chapter, this chapter applies to contracts entered into by a government agency through competitive sealed bidding or competitive sealed proposals.

(b)  Purpose of chapter.--The purpose of this chapter is to establish a uniform and mandatory system governing public contracts to the extent of the requirements set forth in this chapter and shall be construed to effectuate such purpose. The provisions of this chapter shall in no way affect the provisions of the act of August 15, 1961 (P.L.987, No.442), known as the Pennsylvania Prevailing Wage Act, nor the regulations promulgated under that act, nor shall any requirements of this chapter affect any provisions of a contract to be awarded pursuant to any Federal law or regulations containing specific provisions which are different from the public contract requirements of this chapter.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 2005–2025 · leading case: Frank Bros., Inc. v. Wisconsin Dep't of Transp., Frank Busalacchi, Sec'y, & Marilyn Kuick, Chief Eeo/labor Compliance, 409 F.3d 880 (7th Cir. 2005).
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Frank Bros., Inc. v. Wisconsin Dep't of Transp., Frank Busalacchi, Sec'y, & Marilyn Kuick, Chief Eeo/labor Compliance, 409 F.3d 880 (7th Cir. 2005). “40, § 197 (Oklahoma); 62 Pa. Cons. Stat. Ann. § 3901 (Pennsylvania); R.”
F. Zacherl, Inc. v. Flaherty Mech. Contractors, LLC, 131 A.3d 1030 (Pa. Commw. Ct. 2016). · cites it 2× “” 62 Pa. C.S. §3901(a) (emphasis added). For the project that generated the instant litigation, the School District contracted with Flaherty Mechanical Contractors, LLC (Flaherty) after a competitive bid required by the Separations Act, Act of May 1, 1913, P.”
Clairton Slag, Inc. v. Dep't of Gen. Servs., 2 A.3d 765 (Pa. Commw. Ct. 2010). “The term “construction,” as set forth in Section 103 of the Procurement Code, is defined as “[t]he process of building, altering, repairing, improving or demolishing any public structure or building or other public improvements of any kind to any public real property.”
Cecil Twp. Mun. Auth. v. North Am. Specialty Sur. Co., 836 F. Supp. 2d 367 (W.D. Pa. 2011). “The Mastercraft court concluded that because the contract in question pertained to work done on two public schools and involved a government agency, the more specific provisions of the Pennsylvania Public Works Procurement Code, 62 Pa.C.S. § 3901 et seq., should apply.…”
Mastercraft Woodworking Co. v. Jim Lagana Plumbing & Heating Inc., 9 Pa. D. & C.5th 251 (2009). “, because the contract between the parties was for a public works project and therefore, the CSPA is inapplicable or preempted by the Pennsylvania Public Works Procurement Act (Procurement Code), 62 Pa.C.S. §3901 et seq. Secondly, they urge that Counts V and X, alleging claims…”
Electri-Tech, Inc. v. Radnor Twp. (Pa. Commw. Ct. 2025). · cites it 2× “§3901(b) (Prompt Pay Act establishes “a uniform and mandatory system governing public contracts to the extent of the requirements set forth in this chapter and shall be construed to effectuate such purpose”).”
— 62 Pa. Cons. Stat. § 3901(a) — 2 cases
F. Zacherl, Inc. v. Flaherty Mech. Contractors, LLC, 131 A.3d 1030 (Pa. Commw. Ct. 2016). “” 62 Pa. C.S. §3901(a) (emphasis added). For the project that generated the instant litigation, the School District contracted with Flaherty Mechanical Contractors, LLC (Flaherty) after a competitive bid required by the Separations Act, Act of May 1, 1913, P.”
Electri-Tech, Inc. v. Radnor Twp. (Pa. Commw. Ct. 2025). “§3901(b) (Prompt Pay Act establishes “a uniform and mandatory system governing public contracts to the extent of the requirements set forth in this chapter and shall be construed to effectuate such purpose”).”
— 62 Pa. Cons. Stat. § 3901(b) — 1 case
Electri-Tech, Inc. v. Radnor Twp. (Pa. Commw. Ct. 2025). “§3901(b) (Prompt Pay Act establishes “a uniform and mandatory system governing public contracts to the extent of the requirements set forth in this chapter and shall be construed to effectuate such purpose”).”
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