Tag Archives: Prompt Payment Act

If You Want to Avoid Prejudgment Interest You Have to Expressly Say So in the Contract, Merely Striking the Interest Provision From the Contract May Not Work

G&G Mech. Constructors, Inc. v. Jeff City Indus., Inc., No. WD80840, 2018 Mo. App. LEXIS 271 (Mar. 20, 2018). This case arose out of a project in Columbia, Missouri on which Jeff City Industry, Inc. (“JCI”) was the general contractor … Continue reading

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Arizona Court of Appeals Rules Prompt Payment Act Does Not Apply To Design Professionals When Performing Normal Architectural and Engineering Services

RSP Architects, Ltd. v. Five Star Dev. Resort Communities, LLC 306 P.3d 93 (Ariz. Ct. App. 2013) This action arose from a payment dispute on a construction project where an architectural firm, RSP Architects, Ltd. (“RSP”), contracted with a developer, … Continue reading

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Pennsylvania Superior Court Affirms Award to Subcontractor of Penalty Interest and Attorneys Fees Under the Pennsylvania Prompt Payment Act

Imperial Excavating & Paving, LLC v. Rizzetto Construction Management, Inc. 2007 PA Super 318, 2007 Pa. Super LEXIS 3540 (Pa. Super. Ct.. Oct. 23, 2007) General contractor Rizzetto entered into a contract to perform extensive work for the Southern Lehigh … Continue reading

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Pennsylvania Commonwealth Court Holds Written Notice of Claim Requirement Excused and Accepts “Measured Mile” Method of Proving Inefficiency Damages

James Corp. v. North Allegheny School District No. 1268 C.D., 2007 Pa. Commw. LEXIS 636 (Pa. Commw. Ct. Nov. 30, 2007) The Pennsylvania Commonwealth Court held that the “measured mile” method of proving damages for an acceleration claim was legally … Continue reading

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Pennsylvania Department Of General Services’ Conduct In Withholding Memorandum Disclosing Unsuitable Soil Conditions From Bidders Was Vexatious, Entitling Contractor To Recover Penalty Interest And Attorney Fees Under Prompt Payment Act

DGS v. Pittsburgh Building Co. 2007 Pa. Commw. LEXIS 160 (Pa. Commw. Ct. April 5, 2007) The Pennsylvania Commonwealth Court held that a contractor was entitled to recover penalty interest and attorney fees under the Pennsylvania Prompt Payment Act from … Continue reading

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