Scungio Borst & Associates v. 410 Shurs Lane Developers, LLC ( 2015 )

IN THE SUPREME COURT OF PENNSYLVANIA
EASTERN DISTRICT
SCUNGIO BORST & ASSOCIATES : No. 30 EAL 2015
:
:
v. : Petition for Allowance of Appeal from the
: Order of the Superior Court
:
410 SHURS LANE DEVELOPERS, LLC :
AND KENWORTH II, LLC AND ROBERT :
DEBOLT :
:
:
PETITION OF: SCUNGIO BORST & :
ASSOCIATES :
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 seq.], 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.]?