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MALLOY v. BOYERTOWN AREA SCHOOL BD.

540 Pa. 308 (1995)

657 A.2d 915

Heidi MALLOY, Appellee, v. BOYERTOWN AREA SCHOOL BOARD, Boyertown Area School District, Gregory T. Unger, Betty Martin, Gayle V. Buckman, Donna Buckman, Michael Kulp, Helen Moyer, Francis D. Sell, Jean L. Butts, Dr. John C. Crosby, Dr. Warren W. Moser and Alexander Construction Management, Inc., Appellants.

Supreme Court of Pennsylvania.

Decided April 18, 1995.

Attorney(s) appearing for the Case

Allan D. Goulding, Morrisville, Rosemary E. Mullaly, Doylestown, Jeffrey T. Sultanik, Lansdale, for B.A.S.D., et al.

Diane M. Tokarsky, Harrisburg, for Alexander Const. Co.

Henry J. Costa, Jr., Blue Bell, for H. Malloy.

Before NIX, C.J., and FLAHERTY, ZAPPALA, PAPADAKOS, CAPPY, CASTILLE and MONTEMURO, JJ.

OPINION OF THE COURT

CASTILLE, Justice.

The sole issue presented in this case is whether a construction management contract for a public school construction project is subject to the competitive bidding requirement of the Public School Code at 24 P.S. § 7-751. For the reasons set forth below, we find that such a contract is not subject to the statutory requirement and, on that basis, we reverse the order...

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