Centre Concrete Co. v. AGI, INC.

I respectfully dissent.

This case concerns the statute of limitations. It raises the question whether the limitations period is implicitly extended by a statute which bars suits on certain contracts during the first ninety days after payment is due under the *33contract.1 The Commonwealth Court held that the limitation period is not extended, but that it runs from the date of breach. That decision is correct.

AGI, Inc., was awarded a road construction contract by the Department of Transportation. The Insurance Company of North America (INA) issued to AGI a payment bond, required by section 3(a)(2)…