Clearwater Construction v. Northampton County

7/12/2017 | Construction Blog

On July 10, 2017, in Clearwater Construction v. Northampton County, the Pennsylvania Commonwealth Court, in a case of first impression, ruled that a disappointed bidder  lacked standing to challenge a contract awarded under the Public Private Transportation Partnership Act (P3 Act), 74 Pa. C.S. §§ 9101-9124, holding that “Absent a statutory provision to the contrary, generally disappointed bidders lack standing to challenge the award of a government contract. Section 9109(n) of the P3 Act does not provide that statutory basis as its application is limited to a “development entity,” which by statutory definition is a party to the contract.”  The case may be found at this link: http://www.pacourts.us/assets/opinions/Commonwealth/out/1658CD16_7-10-17.pdf?cb=1