A. Scott Enterprises v. City of Allentown, Aplt.

I must respectfully dissent. I disagree with the esteemed Majority’s statutory analysis, as section 3935 of the Procurement Code does not vest a trial court with the discretion to deny an award of interest penalties and attorneys’ fees even where it is proven that the government agency acted in bad faith. More fundamentally, I am of the view that this case presents an issue arising only because the trial court erred in submitting the question of bad faith to the jury. Whether the City of Allentown (the “City”) acted in bad faith was a finding that should have been made by the trial court, not…