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TOULOUMES v. E.S.C. INC.

No. 33 MAP 2004.

899 A.2d 343 (2006)

Demetrios S. TOULOUMES, Connie A. Touloumes, and 31 S. Baltimore Inc. D/B/A Holly Inn, Appellants, v. E.S.C. INCORPORATED, Appellee.

Supreme Court of Pennsylvania.

Decided June 19, 2006.

Attorney(s) appearing for the Case

Shawn E. Smith, Esq., Douglas B. Marcello, Esq., for Demetrios Et al Touloumes.

Thomas Edward Brenner, Esq., Harrisburg, for E.S.C., Inc.

BEFORE: CAPPY, C.J., and CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN, and BAER, JJ.

OPINION

Chief Justice CAPPY.

In this appeal by allowance, we are called upon to review the limited issue of whether Pennsylvania Rule of Civil Procedure 238, Pa.R.C.P. No. 238, which speaks to the availability of delay damages in certain civil actions, permits delay damages in a breach of contract action involving the damage to property. We conclude that it does not. Thus, we affirm the order of the Superior Court.

A contract for roofing work...

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