Pennsylvania Consolidated Statutes

62 Pa. Cons. Stat. § 3902 (2026)

Definitions.

✓ current as of May 2026

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§ 3902. Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Contract." A contract exceeding $50,000 for construction as defined in section 103 (relating to definitions), including heating or plumbing contracts but excluding Department of Transportation contracts under section 301(c)(1) (relating to procurement responsibility).

"Contractor." A person who enters into a contract with a government agency.

"Deficiency item." Work performed but which the design professional, the contractor or the inspector will not certify as being completed according to the contract.

"Design professional." Persons performing professional services as defined in section 901 (relating to definitions).

"Government agency." Includes any State-aided institutions.

"Inspector." The person authorized or engaged by the government agency to inspect the work performed and materials furnished pursuant to a contract to determine whether the work completed is in compliance with the contract.

"Local government unit." Any county, city, borough, incorporated town, township, school district, vocational school district, county institution, local authority or any joint or cooperative body of local government units or any instrumentality, authority or corporation thereof which has authority to enter into a contract.

"State-aided institution." Any institution which receives State funds directly or indirectly for construction as defined in section 103 (relating to definitions).

"Subcontractor." A person who has contracted to furnish labor or materials to or has performed labor for a contractor or another subcontractor in connection with a contract.

"Substantial completion." Construction that is sufficiently completed in accordance with the contract and certified by the architect or engineer of the government agency, as modified by change orders agreed to by the parties, so that the project can be used, occupied or operated for its intended use. In no event shall a project be certified as substantially complete until at least 90% of the work on the project is completed.

Notes of Decisions

Cited in 4 cases, 2001–2015 · leading case: Clairton Slag, Inc. v. Dep't of Gen. Servs., 2 A.3d 765 (Pa. Commw. Ct. 2010).

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Clairton Slag, Inc. v. Dep't of Gen. Servs., 2 A.3d 765 (Pa. Commw. Ct. 2010). · cites it 2× “” 62 Pa.C.S. § 3902. 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…”

Preferred Fire Prot., Inc. v. Joseph Davis, Inc., 954 A.2d 20 (Pa. Super. Ct. 2008). · cites it 4× “Preferred underscores the distinction between "final completion" and "substantial completion" and cites 62 Pa.C.S. § 3902, which defines "substantial completion" in connection with contracts for public works as follows: Construction that is sufficiently completed in accordance…”

Clipper Pipe & Serv., Inc. v. Ohio Cas. Ins., 115 A.3d 1278 (Pa. 2015). “Clipper does not find the Commonwealth-level Prompt Pay Act relevant, since it is addressed to contracts involving state and local governmental units, see 62 Pa.C.S. § 3902, not the federal government.”

Trumbull Corp. v. Boss Constr., Inc., 768 A.2d 368 (Pa. Commw. Ct. 2001). “Section 3902 of the Code, 62 Pa.C.S. § 3902. 5 . DePaul v. Kauffman, 441 Pa.”

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