Bad Faith Finding Does Not Mandate Award Of Attorney Fees And 1% Penalty
If a public owner breaches its payment obligations to a public contractor and acts in bad faith in doing so, is the public contractor automatically entitled to an award of its attorney’s fees and a 1% penalty under section 3935 of the Procurement Code? In a recently published opinion, the Supreme Court of Pennsylvania has ruled that such […]
Was Bid Non-Conforming Where Use Of PennBid Was Mandatory?
If a public owner mandates that all bidders use PennBid, an electronic bidding system used by public owners in Pennsylvania, for receipt and tabulation of their bid prices, but also inexplicably requires each bidder to write out its base bid price in words and numbers, what bid form controls? The PennBid tabulation, or the handwritten bid form? […]
Christopher I. McCabe, Esq.
