In a recent, unreported decision, the Commonwealth Court of Pennsylvania affirmed the dismissal by the Board of Claims (Board) of a late-filed contractor claim. Under the Board’s jurisdictional statute, 62 Pa. C.S. § 1712.1(e), a formal statement of claim must be filed with the Board, either within 15 days of the mailing date of a final determination denying a claim, or within 135 days of the filing of a claim, whichever occurs first.
In the case decided, the plaintiff architectural firm filed a claim on May 6, 2014, with the Department of General Services (DGS) seeking recovery of additional costs and fees on a professional services contract. DGS did not issue a determination on the claim. On September 19, 2014, one day after expiration the 135-day deadline, the firm filed a statement of claim with the Board. DGS moved to dismiss, and the Board granted the motion. On appeal, the Commonwealth Court held that the late filing deprived the Board of jurisdiction to hear the claim. The Commonwealth Court also declined to excuse the late filing due to lack of prejudice by DGS, holding that the liberal construction rule cannot be used to waive statutory jurisdictional requirements.
The Commonwealth Court decision can be found here.
The Board, created in 1978, is both a judicial and an independent administrative agency, and has jurisdiction to hear and determine contract claims against the Commonwealth.
The takeaway? Pay strict attention to statutory deadlines, and file early if you can.
If you need further assistance on this topic, call or email me for a free consultation.
Christopher I. McCabe, Esq.
