Punitive Damages Can be Awarded Against a Contractor in a Breach of Contract Action
Although mere non-performance of a contract does not constitute a fraud, a breach of contract may give rise to an actionable tort where an independent fraud such as the submission of fraudulent invoices takes place. A fraudulent scheme of bogus invoices that are submitted on one project to pay off pre-existing debts from another project justifies a multi-million dollar award of punitive damages. J.J. Deluca v. Toll Naval Assoc., 2012 Pa. Super. 222 (Oct. 12, 2012)