Clearwater Concrete & Masonry, Inc. v. West Philadelphia Financial Services Institution
18 A.3d 1213
| Pa. Super. Ct. | 2011Background
- Park West Town Center construction project in West Philadelphia involves WPFSI owning two parcels and Lowe's owning a third.
- WesGold, LLC contracted with Bond Construction as general contractor; Bond contracted with Clearwater to supply materials and labor for concrete curbing and paving.
- Clearwater’s contract with Bond included $467,233 total, with $286,275 allocated for paving on Lowe's parcel.
- Clearwater filed a mechanics’ lien against WPFSI for $389,000 and later a lien against Lowe’s parcel for $399,000; Clearwater admitted the WPFSI lien covered all Park West work, including Lowe’s paving.
- WPFSI moved for summary judgment, which the trial court granted, finding Clearwater failed to comply with the Mechanics’ Lien Law, 49 P.S. § 1306.
- On appeal, Clearwater argues (A) apportionment of a single-plant lien is required and (B) law of the case prohibits reconsideration of preliminary objections.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a single-plant lien must be apportioned | Clearwater claims a single debt file under §1306(a) for a single plant. | WPFSI argues Clearwater filed two liens in violation of §1306. | Two liens invalid; no proper apportionment. |
| Whether law of the case bars reconsideration | Law of the case prevents relitigation of preliminary objections. | Law of the case inapplicable because different stage; new facts presented. | Law of the case does not apply; summary judgment proper on record. |
Key Cases Cited
- D'Errico v. DeFazio, 763 A.2d 424 (Pa. Super. 2000) (summary judgment standard and plenary review on appeal)
- Wentzel-Applewood Joint Venture v. 801 Mkt. St. Associates, LP, 878 A.2d 889 (Pa. Super. 2005) (strict, narrow construction of Mechanics' Lien Law)
- Commonwealth v. King, 999 A.2d 598 (Pa. Super. 2010) (law of the case doctrine limitations between trial judges)
- Commonwealth v. Starr, 541 Pa. 564, 664 A.2d 1326 (Pa. 1995) (law of the case and coordinate-judge decisions)