Supreme Court of Pennsylvania, 2015

Scungio Borst & Associates v. 410 Shurs Lane Developers, LLC

Scungio Borst & Associates v. 410 Shurs Lane Developers, LLC
Supreme Court of Pennsylvania · Decided July 28, 2015 · Per Curiam
120 A.3d 298; 632 Pa. 437; 2015 Pa. LEXIS 1630 (Atlantic Reporter, Third Series)

Scungio Borst & Associates v. 410 Shurs Lane Developers, LLC

Opinion

ORDER

PER CURIAM.

AND NOW, this 28th day of July, the Petition for Allowance of Appeal is GRANTED. The issue as set forth by Petitioner is:

Did the lower court commit an error of law or abuse its discretion in granting summary judgment to [Robert] DeBolt under [the Contractor and Subcontractor Payment Act (“CASPA”), 73 P.S. §§ 501 et seg.], where: (a) CASPA makes the owner [ (410 Shurs Lane Developers, LLC) ] and the “agent of the owner acting with the owner’s authority” (DeBolt) liable to contractors such as [Petitioner], (b) DeBolt is a fifty percent owner of [410 Shurs Lane Developers], (c) [Petitioner] consistently dealt with DeBolt and received his authorizations for change orders, (d) [Petitioner] never received payment for the change orders, and (e) [Petitioner’s] construction of CASPA is consistent with the courts’ construction of the Wage Payment and Collection Law[, 43 P.S. §§ 260.1 et seq.J!

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