GUSTINE UNIONTOWN v. ANTHONY CRANE RENTAL


842 A.2d 334 (2004)

GUSTINE UNIONTOWN ASSOCIATES, LTD., a Pennsylvania Limited Partnership, by and through Gustine Uniontown, Inc., General Partner, v. ANTHONY CRANE RENTAL, INC., Anthony Crane Rental, L.P., Architectural Services Group, Inc., Construction Engineering Consultants, Inc., Geomechanics, Inc., Jabille Development Corporation, Mascaro Incorporated, McMillen Engineering, Inc., P.C. Yezbak & Son, Inc., Penn Transportation Services, Inc., Ruprecht, Schroeder & Hoffman, Architects, S & R Restaurants, Inc., and Wendy's of Greater Pittsburgh, Inc., v. Gustine Uniontown, Inc., The Gustine Company, Inc., BSW Architects, and Thor Concrete Construction, Inc., Appeal of: Architectural Services Group, Inc. Gustine Uniontown Associates, Ltd., a Pennsylvania Limited Partnership, by and through Gustine Uniontown, Inc., General Partner, v. Anthony Crane Rental, Inc., Anthony Crane Rental, L.P., Architectural Services Group, Inc., Construction Engineering Consultants, Inc., Geomechanics, Inc., Jabille Development Corporation, Mascaro Incorporated, McMillen Engineering, Inc., P.C. Yezbak & Son, Inc., Penn Transportation Services, Inc., Ruprecht, Schroeder & Hoffman, Architects, S & R Restaurants, Inc., and Wendy's of Greater Pittsburgh, Inc., v. Gustine Uniontown, Inc., the Gustine Company, Inc., BSW Architects, and Thor Concrete Construction, Inc., Appeal of: P.C. Yezbak & Son, Inc. Gustine Union town Associates, Ltd., a Pennsylvania Limited Partnership, by and through Gustine Uniontown, Inc., General Partner, v. Anthony Crane Rental, Inc., Anthony Crane Rental, L.P., Architectural Services Group, Inc., Construction Engineering Consultants, Inc., Geomechanics, Inc., Jabille Development Corporation, Mascaro Incorporated, McMillen Engineering, Inc., P.C. Yezbak & Son, Inc., Penn Transportation Services, Inc., Ruprecht, Schroeder & Hoffman, Architects, S & R Restaurants, Inc., and Wendy's of Greater Pittsburgh, Inc., v. Gustine Uniontown, Inc., the Gustine Company, Inc., BSW Architects, and Thor Concrete Construction, Inc., Appeal of: Construction Engineering Consultants, Inc. Gustine Uniontown Associates, Ltd., a Pennsylvania Limited Partnership, by and through Gustine Uniontown, Inc., General Partner, v. Anthony Crane Rental, Inc., Anthony Crane Rental, L.P., Architectural Services Group, Inc., Construction Engineering Consultants, Inc., Geomechanics, Inc., Jabille Development Corporation, Mascaro Incorporated, McMillen Engineering, Inc., P.C. Yezbak & Son, Inc., Penn Transportation Services, Inc., Ruprecht, Schroeder & Hoffman, Architects, S & R Restaurants, Inc., and Wendy's of Greater Pittsburgh, Inc., v. Gustine Uniontown, Inc., the Gustine Company, Inc., BSW Architects, and Thor Concrete Construction, Inc., Appeal of: Geomechanics, Inc. Gustine Uniontown Associates, Ltd., a Pennsylvania Limited Partnership, by and through Gustine Uniontown, Inc., General Partner, v. Anthony Crane Rental, Inc., Anthony Crane Rental, L.P., Architectural Services Group, Inc., Construction Engineering Consultants, Inc., Geomechanics, Inc., Jabille Development Corporation, Mascaro Incorporated, McMillen Engineering, Inc., P.C. Yezbak & Son, Inc., Penn Transportation Services, Inc., Ruprecht, Schroeder & Hoffman, Architects, S & R Restaurants, Inc., and Wendy's of Greater Pittsburgh, Inc., v. Gustine Uniontown, Inc., the Gustine Company, Inc., BSW Architects, and Thor Concrete Construction, Inc., Appeal of: Mascaro Incorporated Gustine Uniontown Associates, Ltd., a Pennsylvania Limited Partnership, by and through Gustine Uniontown, Inc., General Partner, v. Anthony Crane Rental, Inc., Anthony Crane Rental, L.P., Architectural Services Group, Inc., Construction Engineering Consultants, Inc., Geomechanics, Inc., Jabille Development Corporation, Mascaro Incorporated, McMillen Engineering, Inc., P.C. Yezbak & Son, Inc., Penn Transportation Services, Inc., Ruprecht, Schroeder & Hoffman, Architects, S & R Restaurants, Inc., and Wendy's of Greater Pittsburgh, Inc., v. Gustine Uniontown, Inc., the Gustine Company, Inc., BSW Architects, and Thor Concrete Construction, Inc., Appeal of: Ruprecht, Schroeder & Hoffman, Architects.

Supreme Court of Pennsylvania.

Decided February 17, 2004.


Attorney(s) appearing for the Case

Robert Joseph Ray, Pittsburgh, Kelly Brooks Bakayza, Michael J. Cremonese, Carol Lynn Hesz, for Architectural Services Group, Inc.

Anthony S. Potter, Harrisburg, C. Grainger Bowman, for American Institute of Architects, et al.

Dolores Innamorato, Jeffrey Alan Ramaley, Pittsburgh, for Anthony Crane Rental, L.P.

Ralph A. Finizio, Robert Joseph Burnett, Pittsburgh, for Construction Engeneering Consultants, Inc.

Leo Gerald Daly, Bethann R. Lloyd, Franklin L. Bialon, Harrisburg, for Geo-Mechanics, Inc.

Thomas March Ferguson, Rochelle Reddick Koerbel, Robert J. Blumling, Pittsburgh, for Mascaro Incorporated.

Douglas Christopher, LaSota, William D. Clifford, Pittsburgh, for P.C. Yezbak & Son, Inc.

Peter Canavan Newberry, for Penn Transportation Services, Inc.

Ray Fredric Middleman, Wexford, for Ruprecht, Schroeder & Hoffman, Architects.

David Raves, Wexford, for BSW Architects.

Kevin John McKeon, Harrisburg, for Thor Concrete Construction, Inc.

Edward Bernardon Gentilcore, John Miles Tedder, Pittsbugh, for Gustine Uniontown Associates, Ltd. A Pennsylvania Limited Partnership.

Joseph J. Bosick, Martha Schaff Helmreich, Pittsbugh, for S&R Restaurants, Wendy's of Greater Pgh., Jabille Development.

Before CAPPY, C.J., CASTILLE, NIGRO, NEWMAN, SAYLOR, LAMB, JJ.


OPINION

Justice CASTILLE.

The issue before this Court, which is one of first impression, is whether claims arising out of a written construction contract are subject to the Judicial Code's residual, or "catch-all," six-year period of limitations, see 42 Pa.C.S. § 5527, or the more specific four-year limitations period which applies to actions "upon a contract, obligation or liability founded upon a writing...." See id. § 5525...

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