Legal Updates Pennsylvania Superior Court Clarifies Contractors’ Entitlement to Recovery of CASPA Damages Based on Partial Performance of Construction Contracts
The Pennsylvania Superior Court’s decision in Tedesco Excavating & Paving, Inc. v. FWH Development, LLC significantly expands the scope of recoverable damages under Pennsylvania’s Contractor and Subcontractor Payment Act (CASPA). The court held that contractors may recover overhead, lost profits, interest, costs, and attorneys’ fees even when they have only partially performed a construction contract, particularly where an owner’s anticipatory breach prevents project completion. This ruling provides important guidance for owners, contractors, and subcontractors involved in construction disputes.
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