Eckert v. Pierotti

In Eckert v. Pierotti, 123 Pa. Commw. 8, 553 A.2d 114, 119 (Pa. Cmwlth. 1989), an engineering firm was accepted as the contractor for a sewage project; however, there was no indication of a formal vote or resolution to that effect. Approximately six months later, the township supervisor entered into an agreement for engineering services, which was challenged as not being properly authorized. Over a year later, the township formally approved the agreement by motion. The Court found that because the township had the power to enter into the contract and also had the power to ratify it, the agreement was to be given its full effect. Thus, despite the fact that the township supervisor unilaterally entered into an agreement, this act without the proper authority was later rectified because the township later formally approved and ratified the agreement to use the engineering firm, which was under the proper authority. In Eckert, the Court stated: It is well settled that a municipal corporation may ratify contracts which are within its corporate powers and made by its officers without authority, or in excess of their authority. In other words, the municipal corporation may waive the irregularity of a municipal contract and ratify that contract. It is a general rule that whatever acts public officials may do or authorize to be done in the first instance may subsequently be adopted or ratified by them with the same effect as though properly done under previous authority. Consequently, it is well settled that contracts which are within the scope of the corporate powers but not authorized by proper action of the municipal corporation, that is, contracts not ultra vires, may be ratified by the proper corporate authorities. 10 McQuillen 29.104 (3rd ed.) Moreover, "the ratification of a contract by the municipal corporation may be made by the affirmative action of the proper officials, or by any action or nonaction which in the circumstances amounts to an approval of the contract." McQuillen (3rd ed.) at 29.106.