Friday, April 25, 2014

(IND) Recent Pennsylvania Supreme Court Decision Impacting Mechanic’s Lien Laws: Bargaining Unit Employees Are Not Subcontractors – A Must Read For All Construction Contractors and Fund Trustees.



The Supreme Court of Pennsylvania issued a decision on April 17, 2014 impacting unionized construction contractors and industry stakeholders alike by overturning a previous lower court decision.

The Supreme Court of Pennsylvania, reversing the Superior Court’s decision, found that bargaining unit member employees of the prime contractor are not "subcontractors" as defined by Pennsylvania's Mechanics' Lien Law of 1963.  Trustees of the bargaining unit’s employee benefits trust funds were not entitled to file mechanic's lien claims on the bargaining unit member’s behalf for unpaid contributions to the trust funds.

Read the entire decision here….

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