Opinion
2015-07-28
SCUNGIO BORST & ASSOCIATES v. 410 SHURS LANE DEVELOPERS, LLC and Kenworth II, LLC and Robert DeBolt Petition of Scungio Borst & Associates.
Petition for Allowance of Appeal from the Order of the Superior Court, No. 30 EAL 2015.
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.]?