Fairview Park Excavating Co. v. Al Monzo Construction Co.

Fairview Park Excavating Co. (Fairview) (plaintiff) worked as a subcontractor on a project Al Monzo Construction Co. (Monzo) (defendant) secured from Robinson Township, Pennsylvania (Township). When unpaid, Fairview sued Monzo, the Township, and Monzo's surety; Monzo cross-claimed against the Township. On the first day of trial, the court dismissed Fairview's own claim against the Township because Pennsylvania law barred a subcontractor from suing a municipality directly, and separately dismissed Monzo's cross-claim against the Township for lack of diversity jurisdiction. Fairview later won judgment against Monzo, and Monzo appealed; at oral argument, the court learned Monzo had already won an equivalent judgment against the Township in state court.