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Court Rule

N1306 Award, Rule 238 Damages


1. In any case subject to Pa. R.C.P. 238, arbitrators shall not consider the subject of damages for delay until an award has been made on the merits of the case, including the determination of the amount of damages, if any to be awarded.
2. After the determination and announcement of the award on the merits and damages, the arbitrators shall make a determination as to any delay by:
(a) Accepting a sealed envelope containing a stipulation as to
(i) whether an offer was made in writing;
(ii) the amount of the offer;
(iii) the date of the offer; or
(b) If no stipulation is reached, the panel shall take evidence regarding damages for delay from counsel following the original deliberation and announcement of the award.
3. The arbitrators shall separately enumerate the delay damages as to each party on the appropriate form and then add this amount to the principal sum awarded in order to reach a total amount of award. Only the total amount shall be shown on the Report and Award but the computation form must be appended when the Award is filed.
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Created at 1/29/2016 9:06 AM by Vitek Gajewski
Last modified at 1/29/2016 9:06 AM by Vitek Gajewski
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