The first in a series of columns by Philadelphia counsel Andy Klein was published in The Legal Intelligencer.
In the article, titled, “Pa. Supreme Court Should Come to the Rescue of Project Owners,” Andy discusses the matter of Bricklayers of Western Pennsylvania Combined Funds v. Scott’s Development, which will be heard by Pennsylvania’s high court.
In that case, the Superior Court found that labor unions could file and enforce mechanics’ lien claims for fringe benefits not paid by a general contractor to the unions’ members, even though under the collective bargaining agreements, the unions’ members were direct employees of the general contractor and despite the fact that the general contractor paid the unions’ members in full for the work that they performed on the project.
Andy says that, in taking this appeal, “the Supreme Court has the opportunity to correct this latest in a growing number of cases in which the rights of owners under Pennsylvania’s Mechanics’ Lien Law have suffered as a result of well-intentioned but flawed decisions of the Superior Court.”