Latest Case This Week: Scungio Borst & Assoc. v. 410 Shurs Lane Developers, LLC (Supreme Court of Pennsylvania)

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From: Construction Law - Justia Weekly Opinion Summaries
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Subject: Latest Case This Week: Scungio Borst & Assoc. v. 410 Shurs Lane Developers, LLC (Supreme Court of Pennsylvania)
 

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Weekly Opinion SummariesConstruction Law
Weekly Summaries Distributed September 30, 2016
· Scungio Borst & Assoc. v. 410 Shurs Lane Developers, LLC
Construction Law, Contracts, Real Estate & Property Law
Supreme Court of Pennsylvania Receive this and other FREE daily opinion summaries from Justia
Scungio Borst & Assoc. v. 410 Shurs Lane Developers, LLCCourt: Supreme Court of Pennsylvania Docket: 28 EAP 2015 Opinion Date: September 28, 2016 Areas of Law: Construction Law, Contracts, Real Estate & Property Law In this appeal, the issue presented for the Supreme Court's review was whether a contractor could maintain an action under the Contractor and Subcontractor Payment Act (CASPA) against a property owner’s agents. Beginning in 2005, Appellant Scungio Borst & Associates (SBA) entered into a series of written and oral construction contracts with Appellee 410 Shurs Lane Developers, LLC (410 SLD), which 410 SLD’s part-owner and president, Appellee Robert DeBolt, executed on 410 SLD’s behalf. Therein, SBA agreed to improve real property owned by 410 SLD in connection with the development of a condominium complex, and did so until November 2006, when SBA’s contracts were terminated with approximately $1.5 million in outstanding payments due. SBA requested payment, but 410 SLD, again through DeBolt, refused. Accordingly, SBA sued 410 SLD; its alleged successor corporation, Appellee Kenworth II, LLC; and DeBolt in his personal capacity. SBA asserted, among other claims, violations of CASPA. After careful review, the Supreme Court held that a contractor could not maintain an action under CASPA, and, accordingly, affirmed the order of the Superior Court. http://j.st/4669 View Case On: Justia Google Scholar
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