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

> Commonwealth Court of Pennsylvania · March 15, 2006 · 898 A.2d 1145

URL: https://www.frixlaw.com/law-library/cases/9693697

## Case

- **Full name:** A. G. CULLEN CONSTRUCTION, INC., Petitioner v. STATE SYSTEM OF HIGHER EDUCATION, Respondent; State System of Higher Education, Petitioner v. A. G. Cullen Construction, Inc., Respondent
- **Court:** Commonwealth Court of Pennsylvania
- **Decided:** March 15, 2006
- **Citations:** 898 A.2d 1145; 2006 Pa. Commw. LEXIS 128
- **Precedential status:** Published
- **Opinion:** Concurring in part by Colins
- **Judges:** Colins, Simpson, Leavitt
- **Cited by:** 28 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Disapproved on other grounds by A. Scott Enterprises v. City of Allentown, Aplt., 636 Pa. 249 (2016).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9693697

## How later opinions describe it (automated extraction)

- 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”
- noting that liquidated damages "denotes the sum a party to a contract agrees to pay if he breaks some [contractual] promise’’

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9693697. Public record. Not legal advice.