This matter is before the court on preliminary objections in the nature of a demurrer to the complaint filed by
The language of the bond is quite clear in establishing the obligation thereunder. The question is whether plaintiff falls within the stated class, “. . . any of his (Graziano Construction Company, Inc.) subcontractors.”
Plaintiff argues that, notwithstanding the plain language of the bond, the case of McGregor Architectural Iron Co., Inc. v. Merritt-Chapman & Scott Corporations, 150 F. Supp. 323 (1957), should be applied to this type of case and that “subcontrac
The law of the Commonwealth of Pennsylvania, however, has not developed in such a way as to permit the court to go beyond the rule set forth in Peter J. Mascaro Co. v. Milonas, 401 Pa. 632, 166 A. 2d 15 (1960). In that case, the court said:
“ ‘[T]he obligation of a bond cannot be extended beyond the plain import of the words used’: . . . Obligations not imposed by the terms of the bond cannot be created by judicial construction or interpretation which extends the terms beyond their normal meaning: . . .”
The term “subcontractor” is not defined in the Public Works Contractors Bond Law of November 2, 1967, 80 Stat. 1139, but is defined in the Mechanics’ Lien Law, Act of August 24, 1963, P.L. 1175 (No. 497), 49 P.S. §1101, et seq.:
“‘Subcontractor’ means one who, by contract with the contractor, express or implied, erects, constructs, alters or repairs an improvement or any part thereof; or furnishes labor, ... or supplies or hauls materials, . . . The term does not include . . . a person who contracts with a subcontractor or with a materialman.”: 49P.S. §1201(5). (Emphasis added.)
If the established precedent of our Commonwealth is to be changed, it should be left to our appellate courts to make that change. This court will give the language its plain meaning and not extend the terms beyond the normal meaning of the words used.
For these reasons, this court en banc will enter the appropriate order sustaining the preliminary objections in the nature of a demurrer.
And now, June 4, 1975, upon consideration of the preliminary objections in the nature of a demurrer filed, arguments thereon and briefs presented to the court, the preliminary objections in the nature of a demurrer are hereby sustained and the complaint dismissed.
