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PIETRINI CORP. v. AGATE CONST. CO., INC.

901 A.2d 1050 (2006)

THE PIETRINI CORPORATION t/a B. Pietrini & Sons, Inc., Appellant v. AGATE CONSTRUCTION CO., INC. and National Fire Ins. Co. of Hartford.

Superior Court of Pennsylvania.

Filed June 13, 2006.

Attorney(s) appearing for the Case

Edward Seglias, Philadelphia, for appellant.

Michael P. Subak, Philadelphia, for Agate, appellee.

BEFORE: McCAFFERY, PANELLA and JOHNSON, JJ.

OPINION BY PANELLA, J.:

¶ 1 Appellant, The Pietrini Corporation, appeals from the order entered on April 21, 2005, in the Court of Common Pleas of Philadelphia County, which denied Pietrini's motions for penalties and attorney's fees under the prompt pay provisions of the Pennsylvania Procurement Code. After a careful review, we reverse.

¶ 2 The litigation underlying this appeal arose out of the construction of a tower foundation to support a tram...

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