El-Gharbaoui v. Ajayi

The Pennsylvania Superior Court dealt with the aftermath of a construction project gone wrong for a mixed-use property. The plaintiff sued under the Contractor and Subcontractor Payment Act, 73 P.S. §§ 501-516. The property owner claimed that the Act did not apply because the property contained only two residential units and that the Act applies to real property consisting of six or fewer residential units which are under construction simultaneously.  The Court interpreted the statute and held that the Act does not apply to construction contracts involving mixed-use properties.

GHARBAOUI