Valley Forge Industries, Inc. v. Armand Construction, Inc.
Valley Forge Industries, Inc. v. Armand Construction, Inc.
Opinion of the Court
Appellant contends that the lower court should not have granted summary judgment because it improperly construed the statute of limitations contained in the Public Works Contractors’ Bond Law of 1967.
On May 31,1974, appellant instituted suit against appellee after Armand defaulted. Appellee’s sole defense is that the applicable statute of limitations had expired before suit was commenced. The lower court determined that the decision was controlled by the following statute of limitations: “No action may be commenced after the expiration of one year from the day on which the last of the labor was performed or material supplied for the payment of which such action is brought by the claimant.” The Public Works Contractors’ Bond Law, supra; 8 P.S. § 197(b). The lower court held that the statute of limitations was not extended by the subsequent repairs which appellant performed. It reasoned that because appellant was claiming payment for labor performed before the week of October 30, 1972, and billed before November 20, 1972, appellant could not recover on the bond. The court noted that the statute of limitations begins to run from the date on which the last labor is performed “for which he [the claimant] claims payment” and “for the payment of which such action is brought. . . ” On December 11, 1975, an appeal was taken to this Court. The appellee has not objected to this Court’s jurisdiction.
The Appellate Court Jurisdiction Act of July 31,1970, P.L. 673, No. 223, art. IV, § 402, 17 P.S. § 211.402 (Supp. 1976),
“(a) The failure of an appellee to file an objection to the jurisdiction of an appellate court on or prior to the hearing of the appeal, or within such earlier time as may be specified by general rule or rule of court, shall, unless the appellate court shall otherwise order, operate to perfect the appellate jurisdiction of such appellate court, notwithstanding any provision of this act, or of any general rule adopted pursuant to section 505 of this act, vesting jurisdiction of such appeal in another appellate court.
“(b) If an appeal or other matter is erroneously taken to or brought in a court which does not have jurisdiction of the appeal or other matter, the court shall not quash such appeal or dismiss the matter, but shall transfer the record thereof, at the cost of the appellant, petitioner or plaintiff, to the proper court of this Commonwealth, where the appeal or other matter shall be treated as if originally filed in that court on the date erroneously filed in the other court.
“(c) The Superior Court and the Commonwealth Court shall have power pursuant to general rules, on their own motion or upon petition of any party, to transfer any appeal to the other court for consideration and decision with any matter pending in such other court involving the same or related questions of fact, law or discretion.” Act of July 31, 1970, P.L. 673, No. 223, art. V, § 503, 17 P.S. § 211.503 (Supp. 1976). We must, therefore, make two determinations. First, we must determine whether jurisdiction over this appeal properly lies with the Commonwealth Court. Second, we must decide whether appellee’s failure to object to our
The Public Works Contractors’ Bond Law contains a carefully constructed set of relationships between the various parties to public works contracts executed by governmental units of this Commonwealth. The law serves two main purposes. First, it is designed to protect the contracting body by assuring faithful performance of the contract. Second, the law provides a substitute remedy for subcontractors who supply labor and materials and who are excluded from the protections afforded by the Mechanics’ Lien Law of 1963. See Act of August 24,1963, P.L. 1175, No. 497, art.
Our inquiry does not terminate at this point, however, because the appellee has not filed an objection to our jurisdiction. Section 503(a) of the Appellate Court Jurisdiction Act provides that, in the absence of a jurisdictional objection, jurisdiction is perfected in the court to which the appeal is taken unless the appellate court shall otherwise order. Section 503(b) provides, however, that, if an appeal is erroneously taken to a court without jurisdiction of the appeal, the court to which the appeal is taken shall transfer the record thereof to the proper court. These two subsections are in apparent conflict. The first subsection perfects jurisdiction in a court which otherwise would not have jurisdiction; the second specifies that the court without jurisdiction shall transfer the case.
An investigation and understanding of the purposes of § 503 disposes of this seeming conflict. Prior to the adoption of the Appellate Court Jurisdiction Act, it was settled law that parties could not stipulate to appellate court jurisdiction. Commonwealth v. Yorktowne Paper Mills, Inc., 419 Pa. 363, 214 A.2d 203 (1965). Furthermore, jurisdiction could not be conferred through approval of such agreements by the court. Commonwealth v. Yorktowne Paper Mills, Inc., supra; Fenerty Disbarment Case, 356 Pa. 614, 52 A.2d 576, cert. denied, 332 U.S. 773 (1947). However, when the legislature established the separate jurisdictions of the Supreme Court, the Commonwealth Court, and the Superior
We must now decide whether to exercise our discretionary power to hear an appeal concerning subject matter which is in the jurisdiction, of the Commonwealth Court. At the outset, we note that the parties will suffer some additional expense and that a definitive decision will be delayed if we transfer the case to our coordinate court. These considerations must be balanced against other factors. The question presented is a matter of important public policy affecting existing and future bonds on thousands of public works projects. While we have always considered decisions of the Commonwealth Court to be persuasive authority in this Court and we can assume that our sister Court gives
Appeal and record to be transferred to the jurisdiction of the Commonwealth Court.
. Act of Dec. 20, 1967, P.L. 869, § 1 et seq.; 8 P.S. § 191 et seq. (Supp. 1976).
Dissenting Opinion
dissenting:
Our Court, in this case, heard oral arguments. The Members of our Court have examined the briefs. It became my responsibility to draft an Opinion. I prepared one and supplied a copy to my colleagues and now we are transferring the case to the Commonwealth Court.
No party has objected to the jurisdiction of our Court and jurisdiction has been perfected in our Court. (See 17 P.S. 211.503(a)).
I respectfully dissent from this action which our Court is taking. No question of the power and authority of the Commonwealth or any of its agencies or any governmental subdivisions or quasi governmental bodies to act is involved in this case.
Reference
- Full Case Name
- VALLEY FORGE INDUSTRIES, INC., Appellant, v. ARMAND CONSTRUCTION, INC. and United Surety and Financial Guarantee Co.
- Cited By
- 32 cases
- Status
- Published