The Bradford Sanitary Authority has scored another victory in the contract dispute case with Bob Cummins Construction of Bradford.

In an order entered Monday in Commonwealth Court, the judges denied an application from Cummins to reargue the appeal.

The case stretches back to 2014, when Cummins Construction was selected to perform rehabilitation work at the wastewater treatment plant. In 2015, a disagreement arose over the work performed, and the Sanitary Authority withheld payment to Cummins.

The dispute led to a July 2019 jury trial at the McKean County Courthouse. Judge Christopher Hauser ruled in favor of Cummins, saying the contract was ambiguous and that that authority acted in bad faith withholding payment. The jury found mostly in favor of Cummins, awarding the company $488,243.24, but denying penalty interest of $88,372.

The Sanitary Authority appealed the decision. Cummins appealed the denial of penalty interest, and asked for an additional $685,492.42 in interest, attorneys’ fees, and litigation expenses.

Both appeals went before a panel of Commonwealth Court judges P. Kevin Brobson, Anne E. Covey and Bonnie Brigance Leadbetter. Covey filed an opinion in the matter on June 8.

In that opinion, the judges said Hauser had erred in ruling the contract ambiguous, vacated that ruling, ruled Cummins’ appeal moot as a result of the reversal and remanded the case back to McKean County Court.

On June 22, attorneys for Cummins filed an application for reargument of the case en banc — or before all of the judges of the court, instead of just a panel. That was denied on Monday.

The case will be remanded back to McKean County, where a judge will determine whether any issues remain. If not, the judge is directed to grant a judgment notwithstanding the verdict, and find in favor of the Sanitary Authority. However, if the judge determines that issues remain, the trial court is to grant a new trial in the matter.