Philadelphia Construction Law Blog

In the case of Bricklayers of Western Pennsylvania Combined Funds, Inc. v. Scott’s Development Company, the majority of the Pennsylvania Superior Court, sitting en banc, overruled the lower court’s decision to dismiss a mechanics’ lien claim by the trustee of the employee benefits fund for the union on the basis that the trustee lacked standing to file the lien under the Pennsylvania Mechanics’ Lien Law (hereinafter “Lien Law”) for unpaid contributions to union members because neither the trustee nor the union were a “subcontractor” under the Lien Law. Under the Lien Law, only a “contractor” and “subcontractor” are permitted to file a lien claim against the owner of real property for debts due to a “contractor” or “subcontractor” relating to improvements made to the property. Under the Lien Law, a “subcontractor” is defined as: