The Pennsylvania Contractor and Subcontractor Payment Act does not permit contractors and subcontractors to sue a property owner’s agents over unpaid work, the state Supreme Court has unanimously ruled.

In Scungio Borst & Associates v. 410 Shurs Lane Developers, plaintiff Scungio Borst & Associates (SBA) sought payment of $1.5 million from 410 Shurs Lane Developers and Kenworth II LLC, as well as Robert DeBolt, a 50 percent shareholder of 410, following $2.6 million in additional work performed on a project at the verbal request of DeBolt. Kenworth and 410 were tried nonjury and judgment was entered against them for nearly $2 million, but DeBolt was granted summary judgment by the trial court, a decision that was affirmed by the Superior Court.

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