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DOT v. INTERSTATE CONTRACTORS SUPPLY

130 Pa.Commw. 334 (1990)

568 A.2d 294

COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Petitioner, v. INTERSTATE CONTRACTORS SUPPLY COMPANY, Respondent.

Commonwealth Court of Pennsylvania.

Decided January 2, 1990.

Attorney(s) appearing for the Case

James W. Kutz, Asst. Counsel, John L. Heaton, Chief Counsel, Harrisburg, for petitioner.

Jeffrey W. Whiteko, Uniontown, Cary D. Jones, Clarence A. Crumrine, Jr., McCreight, Marriner & Crumrine, Washington, for respondent.

Before DOYLE and BARRY, JJ., and NARICK, Senior Judge.

NARICK, Senior Judge.

The Commonwealth of Pennsylvania, Department of Transportation (Department) appeals from an order of the Board of Claims (Board), which entered judgment in favor of Interstate Contractors Supply Company (Interstate), finding that the liquidated damages clause in the parties' contract constituted a penalty. We reverse.

This matter involves a February 24, 1986 contract between the Department and Interstate for the painting and cleaning...

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