BROCKLEHURST BY BROCKLEHURST v. Watson

Respectfully, I dissent and would affirm the trial court’s finding that the motion for delay damages was not barred as being untimely filed and uphold the award of delay damages in the amount of $6,998.82.

I first consider whether the trial court erred by considering the untimely filed motion for delay damages. Relying on Wittig v. Carlacci, 370 Pa.Super. 584, 537 A.2d 29 (1988), the trial court concluded that the time limits placed on filing a motion for delay damages should be handled as are time restrictions in other procedural rules. In Wittig, supra, post-trial motions pursuant to…