Commonwealth Court of Pennsylvania January 2, 1990, 2379 C.D. 1988 (Commonwealth v. Interstate Contractors Supply Co.)

NARICK, Senior Judge.

The Commonwealth of Pennsylvania, Department of Transportation (Department) appeals from an order of the Board of Claims (Board), which entered judgment in favor of Interstate Contractors Supply Company (Interstate), finding that the liquidated damages clause in the parties’ contract constituted a penalty. We reverse.