62 Pennsylvania Consolidated Statutes Chapter 39 - Contracts For Public Works

• Chapter Notes

Subchapter A.  Preliminary Provisions

• Section 3901 - Application And Purpose Of Chapter
  (a) Application.--Except as otherwise specifically provided in this chapter, this chapter applies to contracts entered into by a government agency through competitive sealed bidding...
• Section 3902 - Definitions
  The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly...

Subchapter B.  General Provisions

• Section 3911 - Time For Awarding Contract
  (a) General rule.--In the case of a contract to be entered into by a government agency through competitive sealed bidding, the contract shall be...
• Section 3912 - Time For Executing Contract
  In the case of a contract entered into by a government agency through competitive sealed bidding, the contract shall be executed by the government...
• Section 3913 - Release Of Successful Bidder
  Failure of the government agency to comply with the requirements of sections 3911 (relating to time for awarding contract) and 3912 (relating to time...

Subchapter C.  Retainage

• Section 3921 - Retainage
  (a) Contract provision.--A contract may include a provision for the retainage of a portion of the amount due the contractor to insure the proper...
• Section 3922 - Payment Of Retainage To Subcontractors
  In the absence of sufficient reason, within 20 days of the receipt of payment by the contractor, the contractor shall pay all subcontractors with...

Subchapter D.  Prompt Payment Schedules

• Section 3931 - Performance By Contractor Or Subcontractor
  (a) Entitlement of contractor to payment.--Performance by a contractor in accordance with the provisions of a contract shall entitle the contractor to payment by...
• Section 3932 - Government Agency's Progress Payment Obligations
  (a) Payments in accordance with contract.--The government agency shall pay the contractor or design professional strictly in accordance with the contract. (b) Application for...
• Section 3933 - Contractors' And Subcontractors' Payment Obligations
  (a) Performance by subcontractor entitles subcontractor to payment.--Performance by a subcontractor in accordance with the provisions of the contract shall entitle the subcontractor to...
• Section 3934 - Withholding Of Payment For Good Faith Claims
  (a) When government agency may withhold payment.--The government agency may withhold payment for deficiency items according to terms of the contract. The government agency...
• Section 3935 - Penalty And Attorney Fees
  (a) Penalty.--If arbitration or a claim with the Board of Claims or a court of competent jurisdiction is commenced to recover payment due under...
• Section 3936 - Contracts Involving Federal Aid
  If any provision of this chapter conflicts with a Federal statute or regulation or with conditions attached to the receipt of Federal aid, this...
• Section 3937 - Certain Provisions Unenforceable
  A provision in the contract making it subject to the laws of another state or requiring that any litigation, arbitration or other dispute resolution...
• Section 3938 - Applicability
  (a) Not applicable in certain situations.--This subchapter shall not apply in the following situations: (1) Section 3932 (relating to government agency's progress payment obligations)...
• Section 3939 - Claims By Innocent Parties
  (a) No obligation to third parties.--The government agency shall have no obligation to any third parties for any claim. (b) Barred claims.--Once a contractor...

Subchapter E.  Substantial/Final Payment

• Section 3941 - Substantial/final Payment Under Contract
  (a) Contract containing provision for retainage.--A contract containing a provision for retainage as provided in section 3921 (relating to retainage) shall contain a provision...
• Section 3942 - Arbitration
  If a dispute should arise between the contractor and the government agency over the payment of retainages and final payment, then the dispute shall...

Last modified: October 8, 2016