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§ 4504. Civil action and damages

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 62 Pa.C.S.A. Procurement

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 62 Pa.C.S.A. Procurement (Refs & Annos)
Part II. General Procurement Provisions (Refs & Annos)
Chapter 45. Antibid-Rigging (Refs & Annos)
62 Pa.C.S.A. § 4504
§ 4504. Civil action and damages
(a) Government agency to have right of action.--Any government agency entering into a contract which is or has been the subject of activities prohibited by section 4503 (relating to prohibited activities) shall have a right of action against the participants in the prohibited activities to recover damages.
(b) Options.--The government agency shall have the option to proceed jointly and severally in a civil action against any one or more of the participants for recovery of the full amount of the damages. There shall be no right to contribution among participants not named defendants by the government agency.
(c) Measure of damages.--The measure of damages recoverable under this section shall be the actual damages, which damages shall be trebled plus the cost of suit, including reasonable attorney fees.
(d) When cause of action arises.--The cause of action shall arise at the time the government agency which entered into the contract discovered or should have discovered the conduct amounting to the unlawful offense. The action shall be brought within four years of the date that the cause of action arose. No civil action shall be maintained after the expiration of ten years from the date the contract was signed by the parties.
(e) Conviction to be dispositive of liability.--Any conviction under section 4503 shall be dispositive of the liability of the participants with the only issues for trial being the fact and amount of damages.

Credits

1998, May 15, P.L. 358, No. 57, § 1, effective in 180 days.
62 Pa.C.S.A. § 4504, PA ST 62 Pa.C.S.A. § 4504
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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