Suit to Recover Payment Bond Pursuant to the Bond Law
Was Division of Labor Served if All Appeals Involving the Application and Interpretation of the Pennsylavania Public Work Contractors ' Bond Law Were Heard by the Court and its Sister Court ?
In United Plate Glass v. Metal Trims Industries, 351 Pa. Super. 228, 505 A.2d 613 (Pa. Super 1986), the Court held that: "the division of labor between this Court and our sister court would be served rather than disrupted if the Commonwealth Court heard all appeals involving the application and interpretation of the Pennsylvania Public Work Contractors' Bond Law." 505 A.2d at 616.
The United Plate Glass Company (UPG), like Trumbull, supplied materials to a subcontractor (Metal Trims) who was under contract with the general contractor (Brisco) on a public works project.
The Commonwealth through its Department of General Services contracted with Brisco to build the Pittsburgh Convention Center.
When Metal Trims failed to pay UPG it filed suit to recover on the payment bond pursuant to the Bond Law.
The issue involved the interpretation of the statute of limitations provision contained in the Bond Law.