Opinion

A. G. Cullen Construction, Inc. v. State System of Higher Education

  • 898 A.2d 1145
  • 2006 Pa. Commw. LEXIS 128
Court
Commonwealth Court of Pennsylvania
Filed
Mar 15, 2006
Status
Published
Author
Colins
On the bench
Colins, Simpson, Leavitt
Cited by
28 cases

Disapproved on other grounds by A. Scott Enterprises v. City of Allentown, Aplt., 636 Pa. 249 (2016)

stating that, as the first element, the contractor must prove “the extent of the delay with a reasonable degree of accuracy”

How later courts described this case

  • stating that, as the first element, the contractor must prove “the extent of the delay with a reasonable degree of accuracy”
  • stating the second element the contractor must prove is that “the delay was caused solely by the [owner’s] actions”
  • providing that, as the third element, the contractor must prove that “the delay caused specific, quantifiable injury to the contractor”
  • noting that liquidated damages "denotes the sum a party to a contract agrees to pay if he breaks some [contractual] promise’’

Written by the judges who cited it.

Later courts went against this

  • Disapproved on other grounds by A. Scott Enterprises v. City of Allentown, Aplt., 636 Pa. 249 (2016)

    898 A.2d 1145, 1160 (Pa. Cmwlth. 2006), disapproved of on other grounds by A. Scott Enterprises, Inc. v. City of Allentown, 142 A.3d 779
    Supreme Court of PennsylvaniaJul 19, 20163 citing opinionsother groundsRead it

The opinion

CONCURRING AND DISSENTING OPINION BY

President Judge COLINS.

I dissent. I cannot conclude, as does the majority, that the State System’s conduct in -this matter was vexatious within the intent of the statute. Therefore I must dissent from that portion of the majority opinion.

I join with the majority in their resolution of all the remaining issues.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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