Statute of Limitations Notice
Attorneys and parties filing claims with the Board should note that there are two separate statutes of limitations applicable to claims. For claims involving contracts covered by the Procurement Code, the applicable statute of limitations can be found in the Procurement Code at 62 Pa.C.S. § 1712. For all other claims, the applicable statute can be found in the Board of Claims Act at 72 P.S. § 4651-6.
IMPORTANT NOTICE TO PROSPECTIVE CLAIMANTS
(Effective 12/3/02)
The time in which to file a claim with the Board of Claims has been changed by Act 142 of 2002. Effective December 3, 2002, the Act repeals 62 Pa.C.S.A. Section 1712 and replaces it with new 62 Pa.C.S.A. Section 1712.1, which reads as follows:
§ 1712.1. Contract controversies.
(a) Right to claim.--A contractor may file a claim with the contracting officer in writing for controversies arising from a contract entered into by the Commonwealth.
(b) Filing of claim.--A claim shall be filed with the contracting officer within six months of the date it accrues. If a contractor fails to file a claim or files an untimely claim, the contractor is deemed to have waived its right to assert a claim in any forum. Untimely filed claims shall be disregarded by the contracting officer.
(c) Contents of claim.--A claim shall state all grounds upon which the contractor asserts a controversy exists.
(d) Determination.--The contracting officer shall review a claim and issue a final determination in writing regarding the claim within 120 days of the receipt of the claim unless extended by consent of the contracting officer and the contractor. If the contracting officer fails to issue a final determination within the 120 days unless extended by consent of the parties, the claim shall be deemed denied. The determination of the contracting officer shall be the final order of the purchasing agency.
(e) Statement of claim.--Within 15 days of the mailing date of a final determination denying a claim or within 135 days of filing a claim if no extension is agreed to by the parties, whichever occurs first, the contractor may file a statement of claim with the Board.
(f) Applicability.--The provisions of 2 Pa.C.S. (relating to administrative law and procedure) shall not apply to this section.
Note: “Board” is defined earlier in the Act to mean the Board of Claims.
Furthermore the Board is in the process of revising its rules of procedure
which may be inconsistent with the provisions of the Procurement Code.
