Butler Township Area Water & Sewer Authority v. Salvatore

MEMORANDUM OPINION

WEBER, Chief Judge.

This action arises out of a provision in a construction contract which reads as follows:

Supplemental General Condition (S.G.C.) 55

DEFENSE COSTS — The Owner and the Contractor agree that in the event either of them institutes a lawsuit against the other under this Contract, the plaintiff in such lawsuit shall pay to the defendant a portion of the defense costs, including investigations, engineering fees, attorney’s fees, expert witnesses’ fees and any other expense of defense which may be incurred. Such portion of the defense costs shall bear the same…