Inspection of Bridge; Action on Contract

Act 428 of 1945, § 780, under "STATE HIGHWAY LAW".

Act 428 of 1945, § 780

Section 780. Inspection of Bridge; Action on Contract.--Every county bridge erected under contract with the Commonwealth, shall be inspected by three (3) fit persons to be appointed by the court, none of whom shall be residents of or property holders in the county wherein the bridge is located. Such persons shall make report of the result of their inspection to said court.

If the inspectors find that such bridge has been erected according to the contract for the erection of the same, they shall so report, and the bridge shall be approved by the court. If the inspectors shall not approve of the bridge, they shall report to the court what sum in their judgment ought to be deducted from the sum stipulated in such contract, and thereupon the court shall grant a rule upon the builder or contractor to show cause against said report, at the time and place specified in such rule. After the service and return of such rule, it shall be lawful for the builder or contractor to file a declaration or statement, in the court, upon the contract made by him with the Commonwealth, and thereupon proceed to trial in due course in like manner as if an action has been commenced by him upon such contract against the Commonwealth.

(780 repealed in part Apr. 28, 1978, P.L.202, No.53)

Compiler's Note: Section 14(a) of Act 185 of 1969 provided that the jurisdiction of the courts named in section 780 is vested in the Commonwealth Court and provided that section 780 is repealed insofar as it is inconsistent with Act 185.