Bricklayers of Western Pennsylvania Combined Funds, Inc. v. Scott's Development Co.

DISSENTING OPINION BY

OLSON, J.:

The learned majority has concluded that the unions are “subcontractors” under the Mechanics’ Lien Law (“MLL”), as the unions “furnished labor” to the contractor under implied contracts. Based on this conclusion, the majority holds that the trustees of employee benefit funds (the “Trustees” or “Appellants”) have standing to assert mechanics’ lien claims — on behalf of the union members — for unpaid contributions to the funds. I must, respectfully, disagree with the majority’s analysis and conclusion in this case. Initially, on appeal, Appellants did not argue…