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BRICKLAYERS OF WESTERN PENN. v. SCOTT'S

Nos. 687 WDA 2010, 688 WDA 2010

41 A.3d 16 (2012)

2012 PA Super 4

BRICKLAYERS OF WESTERN PENNSYLVANIA COMBINED FUNDS, INC., Appellant v. SCOTT'S DEVELOPMENT COMPANY, Appellee. Laborers Combined Funds of Western Pennsylvania, as Agent for Phillip Ameris and Albert W. Betler, Trustees ad litem, Laborers District Council of Western Pennsylvania Welfare and Pension Funds, the Construction Industry Advancement Program of Western PA Fund, and the Laborer's District Council of Pennsylvania and its Affiliated Local Unions, Appellants v. Scott's Development Company, Appellee.

Superior Court of Pennsylvania.

Filed January 6, 2012.

Attorney(s) appearing for the Case

Kenneth W. Lee , Lemoyne, for appellants.

Bryan G. Baumann , Erie, for appellee.

BEFORE: STEVENS, P.J., FORD ELLIOTT, P.J.E., MUSMANNO, BENDER, GANTMAN, DONOHUE, ALLEN, LAZARUS and OLSON, JJ.

OPINION BY ALLEN, J.:

Under Pennsylvania's Mechanics' Lien Law, only a "contractor" or "subcontractor" is permitted to file a lien claim against an owner of property, 49 P.S. § 1303(a), for the payment of debts due by the owner to the contractor or by the contractor to any of his subcontractors for labor or materials furnished during a project. 49 P.S. § 1301; see 49 P.S. § 1201(4), (5) (defining "contractor" and "subcontractor").

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