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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.
§ 3934. Withholding of payment for good faith claims.
(a) When government agency may withhold payment.--The government agency may withhold payment for deficiency items according to terms
of the contract. The government agency shall pay the contractor according to the provisions
of this subchapter for all other items which appear on the application for payment
and have been satisfactorily completed. The contractor may withhold payment from any
subcontractor responsible for a deficiency item. The contractor shall pay any subcontractor
according to the provisions of this subchapter for any item which appears on the application
for payment and has been satisfactorily completed.
(b) Notification when payment withheld for deficiency item.--If a government agency withholds payment from a contractor for a deficiency item,
it shall notify the contractor of the deficiency item within the time period specified
in the contract or 15 calendar days of the date that the application for payment is
received. If a contractor withholds payment from a subcontractor for a deficiency
item, it must notify the subcontractor or supplier and the government agency of the
reason within 15 calendar days of the date after receipt of the notice of the deficiency
item from the government agency.
Cross References. Section 3934 is referred to in sections 3933, 3935 of this title.
Notes of Decisions
A. Scott Enter., Inc. v. City of Allentown, 102 A.3d 1060 (Pa. Commw. Ct. 2014).
· cites it 4× “— If a government agency withholds payment from a contractor for a deficiency item, it shall notify the contractor of the deficiency item within the time period specified in the contract or 15 calendar days of the date that the application for payment is received.”
Clipper Pipe & Serv., Inc. v. Ohio Cas. Ins., 115 A.3d 1278 (Pa. 2015).
“Finally, Appellants believe that it would be untenable for both CASPA and the Prompt Pay Act to apply simultaneously to a construction project, given that there are substantial differences in: the timing for provision of required notices, compare 73 P.”
D.A. Nolt, Inc. v. City of Lancaster (Pa. Commw. Ct. 2021).
“62 Pa. C.S. §3934(b). It also allows recovery of attorney fees, costs, and penalties when payment is withheld in bad faith.”
— 62 Pa. Cons. Stat. § 3934(a) — 2 cases
A. Scott Enter., Inc. v. City of Allentown, 102 A.3d 1060 (Pa. Commw. Ct. 2014).
“— If a government agency withholds payment from a contractor for a deficiency item, it shall notify the contractor of the deficiency item within the time period specified in the contract or 15 calendar days of the date that the application for payment is received.”
— 62 Pa. Cons. Stat. § 3934(b) — 4 cases
A. Scott Enter., Inc. v. City of Allentown, 102 A.3d 1060 (Pa. Commw. Ct. 2014).
“— If a government agency withholds payment from a contractor for a deficiency item, it shall notify the contractor of the deficiency item within the time period specified in the contract or 15 calendar days of the date that the application for payment is received.”
D.A. Nolt, Inc. v. City of Lancaster (Pa. Commw. Ct. 2021).
“62 Pa. C.S. §3934(b). It also allows recovery of attorney fees, costs, and penalties when payment is withheld in bad faith.”
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