subcontractor violation (Pennsylvania) · Go Syfert
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subcontractor violation in Pennsylvania

7 Pennsylvania opinions name it 3 courts 1927–2008 0 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Vey v. Port Authoritygreen
nyappdiv · 1981 · cited in 2 Pennsylvania opinions naming this issue, 2004–2007
2 sentences

2007See Vey v. Port Authority of New York, 79 A.D.2d 920 , 434 N.Y.S.2d 412, 414 (1981) (subcontract evidenced no intent by parties to be bound by indemnification arising out of separate contract between different parties, but only against claims arising out of work covered by subcontract); Ghilardi v. Natl.

2007See Vey v. Port Authority of New York, 79 A.D.2d 920 , 434 N.Y.S.2d 412, 414 (1981) (subcontract evidenced no intent by parties to be bound by indemnification arising out of separate contract between different parties, but only against claims arising out of work covered by subcontract); Ghilardi v. Natl.

22
General Electric Co. v. Hatzel & Buehler, Inc.green
nyappdiv · 1963 · cited in 1 Pennsylvania opinions naming this issue, 2007–2007
1 sentence

2007Id., at 638-39. *735 Various jurisdictions consider clauses providing indemnification from a subcontractor for negligence not caused by the subcontractor a violation of public policy.

11
Welteroth v. Harveygreen
pasuperct · 2006 · cited in 1 Pennsylvania opinions naming this issue, 2007–2007
1 sentence

2007Additionally, “[t]he interpretation of a contract is a matter of law and, as such, we need not defer to the trial court’s reading of the Agreement.” Welteroth v. Harvey, 912 A.2d 863, 866 (Pa.Super.2006). ¶ 20 Resolution of the issues on appeal require a close examination of Bemotas, as the trial court relied on that decision to conclude, upon reconsideration of Subcontractor’s motion for judgment on the pleadings, that the pass-through provisions in the subcontract were ineffective to require Subcontractor to indemnify General Contractor for its liability in the Lloyd case.

11
Gee v. Eberlegreen
pasuperct · 1980 · cited in 1 Pennsylvania opinions naming this issue, 1987–1987
2 sentences

1987If, however, the lender has not made advances to pay for the work of the subcontractor, the subcontractor may be entitled to recover from the lender on a claim of unjust enrichment.” Gee v. Eberle, supra 279 Pa.Super. at 123 , 420 A.2d at 1062 (emphasis added).

1987If, however, the lender has not made advances to pay for the work of the subcontractor, the subcontractor may be entitled to recover from the lender on a claim of unjust enrichment.” Gee v. Eberle, supra 279 Pa.Super. at 123 , 420 A.2d at 1062 (emphasis added).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Greer v. City of Philadelphia green
pa · 2002
2 sentences

2008The chosen language simply does not evince an intent to provide indemnification for damages due to the negligence of other unspecified parties, including an indemni-tee.” Id. at 379 . ¶ 18 The Court read “the second part of the provision, which states that the indemnity clause will apply ‘regardless of whether or not such claim ... is caused in part by a party indemnified hereunder,’ merely to clarify that any contributory negligence by PennDOT and the subcontractor will not bar their indemnification for damages due to subcontractor’s negligence.” Id. at 379-80 .

2008The chosen language simply does not evince an intent to provide indemnification for damages due to the negligence of other unspecified parties, including an indemni-tee.” Id. at 379 . ¶ 18 The Court read “the second part of the provision, which states that the indemnity clause will apply ‘regardless of whether or not such claim ... is caused in part by a party indemnified hereunder,’ merely to clarify that any contributory negligence by PennDOT and the subcontractor will not bar their indemnification for damages due to subcontractor’s negligence.” Id. at 379-80 .

12008–2008
Hill v. Edinboro Development, Inc. green
pasuperct · 1980
2 sentences

1991Hill v. Edenboro Development Inc., 278 Pa. Super. 324 , 420 A.2d 562 (1980), it was held that where a subcontractor had dealt exclusively with a general contractor, and the waiver of liens was cross-indexed with respect to the general contractor, the waiver of liens is binding on the subcontractor even if the waiver of liens was not properly cross-indexed as to the owner.

1991Hill v. Edenboro Development Inc., 278 Pa. Super. 324 , 420 A.2d 562 (1980), it was held that where a subcontractor had dealt exclusively with a general contractor, and the waiver of liens was cross-indexed with respect to the general contractor, the waiver of liens is binding on the subcontractor even if the waiver of liens was not properly cross-indexed as to the owner.

11991–1991
Waters v. Wolf neutral
pasuperct · 1896
1 sentence

1982In Waters v. Wolf, 2 Pa. Superior Ct. 200 (1896), this court did hold that a waiver of a no-lien agreement may not be readily inferred, but in that case, there was no evidence that the lien was filed after and not before the purported waiver.

11982–1982
Pagnacco v. Faber neutral
pa · 1908
2 sentences

1982The subcontractor in Pagnacco v. Faber, 221 Pa. 326 , 70 A. 754 (1908) may only have claimed for work done after his new contract with the new owner of the building, but the case does not hold that such a contract may not include payments for work previously done by the subcontractor if such a claim is made and is supported by the evidence.

1982The subcontractor in Pagnacco v. Faber, 221 Pa. 326 , 70 A. 754 (1908) may only have claimed for work done after his new contract with the new owner of the building, but the case does not hold that such a contract may not include payments for work previously done by the subcontractor if such a claim is made and is supported by the evidence.

11982–1982
Tarr v. Hecla Coal & Coke Co. green
pa · 1920
1 sentence

1927The referee, the board and the court below held that deceased was a loaned or hired employee of the Hitner Co., the subcontractor under the principle of law announced in Tarr v. Heckla, 265 Pa. 519 , as applied to the Compensation Act, but that the Golder Construction Co., the general contractor should pay the compensation.

11927–1927

Where else courts name it

TX 14 (1917–2023) IL 9 (2008–2022) CA 7 (1889–2020) PA 7 (1927–2008) MA 4 (1957–2007) IA 4 (2015–2016) WI 4 (2004–2024) FL 3 (2007–2008) WV 3 (2024–2026) MS 3 (2008–2012) NJ 3 (1987–2016) MO 3 (1913–2010) OH 2 (2004–2017) KS 2 (2005–2006) SC 2 (2012–2013) MN 2 (2003–2004) UT 2 (2008–2013) IN 2 (1993–2001)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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