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

62 Pa. Cons. Stat. § 3931 (2026)

 Performance by contractor or subcontractor.

✓ current as of May 2026
Coverage note: this corpus holds the consolidated Pa.C.S. titles only. Unconsolidated P.S. statutes (UTPCPL 73 P.S. § 201-1, Liquor Code, wage payment laws) are not included; a miss here does not mean the statute does not exist. Check palegis.us.
Find cases: SyfertCases citing this section PA-LEGpalegis.us JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

 

 

SUBCHAPTER D

PROMPT PAYMENT SCHEDULES

 

Sec.

3931.  Performance by contractor or subcontractor.

3932.  Government agency's progress payment obligations.

3933.  Contractors' and subcontractors' payment obligations.

3934.  Withholding of payment for good faith claims.

3935.  Penalty and attorney fees.

3936.  Contracts involving Federal aid.

3937.  Certain provisions unenforceable.

3938.  Applicability.

3939.  Claims by innocent parties.

§ 3931.  Performance by contractor or subcontractor.

(a)  Entitlement of contractor to payment.--Performance by a contractor in accordance with the provisions of a contract shall entitle the contractor to payment by the government agency.

(b)  Entitlement of subcontractor to payment.--Performance by a subcontractor in accordance with the provisions of a contract shall entitle the subcontractor to payment from the contractor with whom the subcontractor has contracted.

Notes of Decisions
Cited in 11 cases (5 in the last 5 years), 2006–2025 · leading case: Pietrini Corp. v. Agate Const. Co., Inc., 901 A.2d 1050 (Pa. Super. Ct. 2006).
Sort: Relevance Newest Treatment
Pietrini Corp. v. Agate Const. Co., Inc., 901 A.2d 1050 (Pa. Super. Ct. 2006). · cites it 3× “Whether Agate acted arbitrarily and vexatiously, as described in the Pennsylvania Procurement Code, 62 Pa.C.S. § 3931, et seq., when it withheld from Pietrini funds that were undisputedly due merely because Pietrini would not release its claims for certain disputed change order…”
Boro Constr., Inc. v. Ridley Sch. Dist., 992 A.2d 208 (Pa. Commw. Ct. 2010). · cites it 2× “62 Pa.C.S. § 3931[ 10 ] *215 .... ” James Corporation v.”
East Coast Paving & Sealcoating, Inc. v. North Allegheny Sch. Dist., 111 A.3d 220 (Pa. Commw. Ct. 2015). · cites it 2× “62 Pa.C.S. § 3931(a); Section 4 of CASPA, 73 P.”
James Corp. v. North Allegheny Sch. Dist., 938 A.2d 474 (Pa. Commw. Ct. 2007). “62 Pa.C.S. § 3931. Here, there are three particularly relevant Procurement Code sections.”
A. Scott Enter., Inc. v. City of Allentown, 102 A.3d 1060 (Pa. Commw. Ct. 2014). · cites it 2× “62 Pa.C.S. §§ 3931(a), 3932(a). 9 The government agency may withhold payment where performance is deficient in some respect but must make payment on all other items that are completed.”
Mar-Paul Co. v. Jim Thorpe Area Sch. Dist., 7 Pa. D. & C.5th 387 (2008). “62 Pa.C.S. §§3931, 3933, 3939. Since Popple was expressly excluded as a party to Mar-Paul’s contract with the district, these claims are not sustainable and will be dismissed.”
Electri-Tech, Inc. v. Radnor Twp. (Pa. Commw. Ct. 2025). · cites it 2× “§§3931-3939, commonly referred to as the Prompt Pay Act. The Prompt Pay Act requires government agencies to promptly pay a contractor for the work and materials that they provide on a construction project.”
D.A. Nolt, Inc. v. City of Lancaster (Pa. Commw. Ct. 2021). “Relevant here, the Prompt Pay Act requires payment for work done, 62 Pa. C.S. §3931, and sets a schedule for payment even where the contract does not so provide.”
Myco Mech., Inc. v. The City of York (Pa. Commw. Ct. 2022). “1 In February 2015, the City filed an answer and new matter therein asserting a 1 Sections 3931 through 3939 of the Commonwealth Procurement Code, 62 Pa.C.S. §§ 3931- 3939, are frequently referred to as the Prompt Pay Act.”
Rcc Fabricators, Inc. v. Umoja Erectors, LLC (E.D. Pa. 2021). “62 Pa. C.S. §§ 3931(b), 3932. 65. If a contractor withholds payment “arbitrar[ily]” or “vexatious[ly],” I have discretion to award 1% per month of interest as penalty.”
Umoja Erectors LLC v. DA Nolt Inc (3rd Cir. 2025). “§ 1332 (a)(1), to sue Nolt for breach of contract, unjust enrichment, and violation of Pennsylvania’s Prompt Pay Act, 62 Pa. Cons. Stat. §§ 3931–39. During the pendency of this suit between Umoja and Nolt, the City settled with Nolt and paid Nolt the amounts it had been…”
— 62 Pa. Cons. Stat. § 3931(a) — 4 cases
East Coast Paving & Sealcoating, Inc. v. North Allegheny Sch. Dist., 111 A.3d 220 (Pa. Commw. Ct. 2015). “62 Pa.C.S. § 3931(a); Section 4 of CASPA, 73 P.”
A. Scott Enter., Inc. v. City of Allentown, 102 A.3d 1060 (Pa. Commw. Ct. 2014). “62 Pa.C.S. §§ 3931(a), 3932(a). 9 The government agency may withhold payment where performance is deficient in some respect but must make payment on all other items that are completed.”
Boro Constr., Inc. v. Ridley Sch. Dist., 992 A.2d 208 (Pa. Commw. Ct. 2010). “62 Pa.C.S. § 3931[ 10 ] *215 .... ” James Corporation v.”
Electri-Tech, Inc. v. Radnor Twp. (Pa. Commw. Ct. 2025). “§§3931-3939, commonly referred to as the Prompt Pay Act. The Prompt Pay Act requires government agencies to promptly pay a contractor for the work and materials that they provide on a construction project.”
— 62 Pa. Cons. Stat. § 3931(b) — 1 case
Rcc Fabricators, Inc. v. Umoja Erectors, LLC (E.D. Pa. 2021). “62 Pa. C.S. §§ 3931(b), 3932. 65. If a contractor withholds payment “arbitrar[ily]” or “vexatious[ly],” I have discretion to award 1% per month of interest as penalty.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.