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A. SCOTT ENTERPRISES v. CITY OF ALLENTOWN

Nos. 55 MAP 2015, 56 MAP 2015.

142 A.3d 779 (2016)

A. SCOTT ENTERPRISES, INC., Appellee v. CITY OF ALLENTOWN, Appellant. A. Scott Enterprises, Inc., Appellee v. City of Allentown, Appellant.

Supreme Court of Pennsylvania.

Resubmitted January 20, 2016.

Decided July 19, 2016.

Attorney(s) appearing for the Case

James T. Huber , Huber and Waldron, Allentown, for City of Allentown, Appellant.

Paul Aloysius Logan , Frank Stewart Nofer , Powell, Trachtman, Logan, Carrie & Lombardo, P.C., King of Prussia, for A. Scott Enterprises, Appellee.

SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, JJ.

OPINION

In this discretionary appeal, we consider whether an award of a statutory penalty and attorney fees under the prompt payment provisions of the Commonwealth's Procurement Code, see 62 Pa.C.S. § 3935, is mandatory upon a finding of bad faith, irrespective of the statute's permissive phrasing...

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