Construction Law Now Blog

Despite the exhaustion and chaos that the COVID-19 pandemic brought to the construction industry in 2020, turning the page to 2021 offers several reasons for cautious optimism, including two approved coronavirus vaccines (with a possible third soon ...

President Joseph Biden has directed the Occupational Safety and Health Administration (OSHA) to revamp its efforts to protect employees from COVID-19, including workers in the construction industry. Among the instructions given in a January 21, 2021 ...

Pennsylvania Attorney General Josh Shapiro made the point in a recent press conference, saying, “When you misclassify employees, let me be clear what you are doing: You are stealing.” Under the Construction Workplace Misclassification Act (Act ...

Contractors already know that ensuring their team members’ well-being tops the list of reasons for a strong safety and OSHA compliance program. A recent New Jersey state court decision just gave them another—preserving workers’ compensation ...

Last summer, we advised that the Pennsylvania legislature was considering a bill that would require all construction industry employers, on both public and private projects, to use the E-Verify program operated by the Department of Homeland Security ...

Contractors who have been following COVID-19 safety requirements now have all the more reason to do so in New York City. Starting July 8, 2020, the New York City Department of Buildings (DOB) resumed issuing penalties for non-compliance with current ...

As the COVID-19 pandemic has evolved, so too have OSHA policies, as seen in three recent OSHA announcements affecting the construction industry. OSHA issued new construction industry guidelines to protect workers from coronavirus. The agency also ...

The construction industry can resume operations statewide starting May 1, 2020 under recent orders from Pennsylvania Governor Tom Wolf. The Governor’s decision brought relief and excitement to contractors eager to get back to work. It also brought ...

While the country faces the COVID-19 pandemic, highway and transportation construction is almost uniformly proceeding across the country, even though state and local orders have shuttered other construction work. In fact, due to shelter-at-home ...

I am proud to say this blog post has nothing to do with the coronavirus pandemic, but rather a simpler time. The year was 2017. Construction was thriving, and “social distancing” was not part of the lexicon. That year, Pennsylvania rolled out ...

Please Note: This article was updated on Thursday, April 2, 2020 to reflect the latest legal and regulatory developments. At 8:00 AM Monday, March 23, 2020, enforcement measures took effect for Pennsylvania, with Governor Tom Wolf’s executive ...

The coronavirus pandemic is causing ongoing instability and uncertainty to the global economy. Already, there is a profound alteration of worldwide business operations, including the U.S. construction industry. Government restrictions are limiting ...

Construction contract indemnification clauses may get turned topsy-turvy due to legislation making its way through the Pennsylvania Assembly. Currently, Pennsylvania’s anti-indemnification statute applies to certain, limited instances. The ...

Wire transfers are quickly replacing paper checks as the most common payment method on construction projects nationwide. Using wire transfers or other electronic payment offers convenience to the payor and nearly instantaneous payment for the ...

Under the Department of Labor’s new overtime rules, which become effective January 1, 2020, all employees with a salary of less than $35,568 must be treated as hourly employees entitled to overtime compensation whenever they work more than 40 ...

Breaking from prior legal precedent, an appellate court in New York ruled that if a contractor pays employees performing manual work on a biweekly basis (or less frequently), the affected employees may bring a private lawsuit or class action case ...

Cohen Seglias Summer Associate Jordan L. Cramer also contributed to this article. On August 12, 2019, Governor Andrew Cuomo signed new legislation (Senate Bill S6577, A8421) making it significantly easier for employees to file sexual harassment ...

Harrisburg has seen a number of proposed bills during the past few weeks, many of which will have significant legal impacts on the construction industry. On the top of the list is an anti-indemnity statute that would put Pennsylvania among the ranks ...

I hope you enjoyed my recent webinar on payment techniques for contractors in DC, Maryland, and Virginia. If you missed it, you can access the recording here. Below are some of the highlights: Payment Techniques Traditional payment techniques for ...

The past six months have seen plenty of activity from the Occupational Safety and Health Administration (OSHA). The following recaps the developments affecting the construction industry. As each changes the regulatory landscape, construction ...

Construction professionals in New York face new hurdles in ensuring they are covered as additional insureds under other parties’ commercial general liability insurance policies. In 2002, a New York City agency contracted with a general contractor ...

On March 7, 2019, the United States Department of Labor issued a proposed new overtime rule that will raise the minimum salary threshold for workers to qualify for the white-collar exemption to the overtime provisions of the federal Fair Labor ...

The Ohio Supreme Court’s October 9, 2018 decision in Ohio Northern University v. Charles Construction Services, Inc., 2018-Ohio-4057 issued a blow to general contractors attempting to obtain insurance coverage under their commercial general ...

On October 10, 2018, the amendments to the Contractor and Subcontractor Payment Act, 73 P.S. § 501, et seq. (CASPA) will take effect and significantly impact the rights and duties of owners, contractors, and subcontractors on all Pennsylvania ...

I’m a management-side employment lawyer. It’s my job to go to court and defend employers and executives accused of all different types of misconduct, including sexual harassment. Over the last 20 years, I have seen it all. Some of my cases ...

Effective October 1, 2018, general contractors with projects in Maryland will have a new headache to deal with. That’s when Maryland’s new law, the General Contractor Liability for Unpaid Wages Act, will go into effect. Under the Act, GCs will ...

Recent OSHA activity indicates possible changes in the scope and enforcement of the newly-created Improve Tracking of Workplace Injury and Illnesses Rule (Electronic Reporting Rule). OSHA intends to collect less data than the rule requires in order ...

A recent federal appeals court decision rejected a challenge to the Occupational Health and Safety Administration’s new rule for respirable crystalline silica (silica) exposure in the construction industry (the Silica Rule), keeping the rule ...

Breastfeeding is now a protected act and category under New Jersey’s Law Against Discrimination (“NJLAD”). Employers are prohibited from discriminating against an employee in compensation, hiring, or firing because they breastfeed. ...

Traditionally, public agencies have awarded construction contracts via the “lowest responsible bidder” procurement method, where bidders submit sealed bids and contracts are awarded to the lowest responsible bidder. However, a number of ...

Last month a bill was introduced to the New Jersey State Assembly (A-5287) by Assemblymen John McKeon (Essex and Morris) and Jon Bramnick (Morris, Somerset, and Union) that would bar provisions in employment contracts that waive any substantive or ...

Pennsylvania Court Adds ‘Last Month’s Rent’ to Definition of ‘Security Deposit’ As most residential landlords know, the Pennsylvania Landlord and Tenant Act (the “Act”) contains comprehensive and complicated ...

On January 1, 2018, the rules and procedures relating to IRS audits of partnerships, including those limited liability companies taxed as partnerships, (for purposes here, collectively, the “Partnerships”) will change. The Bipartisan Budget Act ...

For employers, the tide is making its long awaited turn in our nation’s capital at the National Labor Relations Board (“NLRB”). Last week, the NLRB reversed precedent on four significant rules that were widely viewed as favorable to unions and ...

UPDATE: On November 22, 2017, OSHA announced that it moved the electronic reporting deadline for 2016 data and information from December 1, 2017 to December 15, 2017. The following blog post has been updated to reflect this change. No other parts of ...

One of the general and principal benefits of incorporating a business entity is limited liability; the owners of a corporation are not liable for the corporation’s actions or debts. There are, however, exceptions. One of the exceptions is the ...

This article was originally published in the 2017 edition of the Utility and Transportation Contractor Association’s Magazine. If you are a union contractor, you are probably making contributions into one or more union pension funds every ...

Have you ever been in a situation where your subcontractor or fabricator did not have the financial ability to purchase material needed for a project? Have you ever offered your assistance by way of either directly purchasing the material and ...

In a previous post, we wrote about drones (which are more formally referred to as “unmanned aircraft systems” or UAS), as well as the nascent federal and state statutory and regulatory framework. Since our last article, drone use – as ...

On July 26th join Cohen Seglias attorneys Matt Gioffre and Dan Fierstein for their seminar, “Killer Contract Clauses for Construction & Service” for the Mechanical & Service Contractors Association (M&SCA) in Blue ...

Design professionals doing business in Kentucky beware: the Kentucky Court of Appeals recently held that a contractor may pursue a negligent misrepresentation claim against an architect for delays to a project resulting from allegedly defective ...

We are pleased to announce that eleven Cohen Seglias attorneys were selected to this year’s Pennsylvania Super Lawyers list and eight attorneys to the Pennsylvania Rising Stars list in the areas of Construction Litigation, Government ...

Liability in Green Building On June 13th, join Lane Kelman and Jennifer Budd for their Delaware Valley Green Building Council Lunch & Learn on liability in green building. The Lunch & Learn will be held at the Philadelphia office of ...

In Pennsylvania, it is well-established that a homeowner can assert claims for fraud and violation of Pennsylvania’s consumer protection statute – the Unfair Trade Practices and Consumer Protection Law (“UTPCPL”) – ...

By now, you have probably heard enough from us about the new changes to the Pennsylvania Mechanics’ Lien Law. If a newsletter article and several blog posts were not enough, here is one more reminder that the long-anticipated Pennsylvania ...

On January 23, 2017, Philadelphia Mayor Jim Kenney signed into law a wage equity ordinance that makes it unlawful for an employer in the city of Philadelphia to ask about the wage history of a prospective employee at any stage of the hiring process. ...

A New York appellate court issued a decision in 2016 that serves as an important reminder to all tiers of the construction industry: courts take the notice provisions in your construction contracts very seriously. In the Schindler Elevator Corp. v. ...

The new — and much anticipated — Pennsylvania State Construction Notices Directory (“Directory”) is expected to go live this December 31. With this rollout, the PA legislature will have established a statewide directory system for ...

As a follow-up to our July post on New Jersey state budget problems threatening public construction projects, the political fight over funding New Jersey’s Transportation Trust Fund (“TTF”) finally ended on September 30, 2016. ...

On November 21, 2016, a federal judge in Texas issued a nationwide injunction blocking the Department of  Labor’s new overtime rule, which sought to expand the obligations of employers to pay overtime by, among other things, doubling the ...

In the world of construction, the old legal saying “equity aids the vigilant, not those who slumber on their rights” rings true. A weary contractor risks more than an OSHA violation – when a contractor fails to protect its legal ...

[Note from the Editor: Due to an inadvertent editing error, omitted from our post entitled NJ Supreme Court Gets It Right! Consequential Damages Caused By A Subcontractor’s Defective Construction Work Is Insured was the fact that the property ...

Philadelphia law now requires everyone working at a construction or demolition site to have completed OSHA-10 Safety Training. Philadelphia’s Department of Licenses and Inspections (L&I) and the Mid-Atlantic Construction Safety Council ...

Contractors doing work on publicly-owned projects in Pennsylvania may find it more difficult to recover statutory penalties and attorneys’ fees if the owner withholds funds in bad faith. Pennsylvania’s Procurement Code, which governs ...

Over the past year, many states experienced budget crises that threaten public works spending and, in some cases, caused entire project shut downs. In Pennsylvania, a stalemate over the budget for Fiscal Year 2016-2017 lasted almost nine months, ...

In the recent case of Township of Salem v. Miller Penn Development, LLC, the Pennsylvania Commonwealth Court invoked the often overlooked doctrine of nullum tempus occurrit regi. Read literally as “time does not run against the king,” as ...

Almost any construction project carries the potential for disputes, which all too often lead to litigation and associated costs. As litigation costs increase, they eat into potential recovery or limit defense strategies. Finding ways to lower ...

The developers of the Wharf, an ongoing waterfront development at 1100 Maine Avenue SW in Washington, D.C., recently announced that they have secured $113 million of debt financing for the project. PN Hoffman and Madison Marquette, the ...

It’s not every day that a decision by the United States Supreme Court has the potential to impact the construction industry. But the Court handed down a decision last month that could hinder the pace of power plant construction around the ...

In a recent U.S. Supreme Court case about pregnancy discrimination, Justice Breyer asked: “Why, when the employer accommodated so many, could it not accommodate pregnant women as well?”  As an employer, that is a question you should now ...

Philadelphia’s 2011 “Ban the Box” law, which restricts an employer’s ability to inquire into a job applicant’s criminal history at the initial stages of the application process, is “old news” – but the ...

The Maryland Department of Transportation/Maryland Transit Administration (MDOT/MTA) recently announced its selection of Purple Line Transit Partners as the concessionaire for the new 16.2 mile, 21-station, light rail Purple Line that will run ...

After months, maybe years, of planning, raising capital, obtaining permits and waiting out construction, your gleaming new building is open and occupied. Soon, you’ll get a simple, one-page letter from your county’s Tax Assessment ...

In some states, courts allow contractors to sue design professionals for negligence even in the absence of a contract. In others, like Maryland, courts apply a rule known as the Economic Loss Rule (ELR) to bar such claims. Courts apply the ELR when, ...

The City of Philadelphia has issued new code requirements for construction worker safety training. The new rules went into effect on October 1, 2015, and the Department of Licenses and Inspections has announced that strict enforcement will begin on ...

Cohen Seglias has announced the promotion of Lisa M. Wampler to Managing Partner of the Firm’s Pittsburgh office. The announcement marks the first female managing partner in the Firm’s history. “Lisa has been instrumental in the ...

Unmanned aerial vehicles, commonly referred to as “drones,” are appearing more frequently in the skies over construction project sites. Drones typically operate from a handheld device, such as an iPhone, and can be connected to a Wi-Fi ...

On February 12, 2016, New York City Mayor Bill de Blasio and New York City Department of Buildings Commissioner Rick Chandler announced a new aggressive campaign to improve worker safety on construction sites. Specifically, commencing next Tuesday, ...

On February 11, join Roy Cohen, Ed Seglias, and Jackson Nichols at the Sheet Metal and Air Conditioning Contractors National Association (SMACNA) Mid-Atlantic Chapter in Greenbelt, MD for their presentation, “Ignorance is not Bliss: ...

As we discussed last summer, the Occupational Safety and Health Administration (OSHA) issued a new Confined Space in Construction Standard, which went into effect on August 3, 2015 and required heightened training, continuous worksite evaluations ...

On January 21, 2016, Please join us for Ed Seglias and Jason Copley‘s seminar, “Ignorance is not Bliss: Construction Contract Provisions You Need to Know,” for the General Building Contractors Association (GBCA) in Philadelphia, ...

Arbitration has become a very common and effective way to resolve construction disputes in lieu of traditional litigation, and it is easy to understand why: The parties can select arbitrators with construction expertise who speak their language and ...

Please join us tomorrow, 11/4, for Shawn Farrell‘s presentation “Construction Disputes: Lessons Learned” at the Carpenters’ Company of City and County of Philadelphia’s Master Builder Dialogues. Shawn Farrell has ...

Please join us for Ed Seglias‘ presentation at the Design-Build Institute of America Tri-State Chapter Inaugural Event on October 6, 2015 in Philadelphia. Ed and Kevin Peartree of Ernstrom & Dreste will discuss and compare form contracts ...

In late July, the West Virginia Purchasing Division of the Department of Administration issued an “emergency rule” that exempts construction contracts from a new law regarding change order approval. This new law, which went into effect ...

On June 25, 2015, Justice Kennedy delivered the Supreme Court’s decision in Texas v. Inclusive Communities Project.  In the case, the Court determined that the Fair Housing Act of 1968 includes disparate impact claims.  Prior to Texas v. ...

The U.S. Department of Labor (DOL) issued guidance on July 15 aimed at curbing the misclassification of employees as independent contractors.  The guidance provides several examples of workers in the construction industry.  It is now clear that ...

Last week, the Supreme Court of Pennsylvania  issued a decision which has important consequences for all members of the construction industry involved with public works projects. In Clipper Pipe & Service, Inc. v. The Ohio Casualty Insurance ...

In April, the New Jersey Supreme Court agreed to review the case of Waste Management of New Jersey, Inc. v. Mercer County Improvement Authority.  The matter concerns a defect in a bid submitted under the New Jersey Public Contracts Law ...

This month, West Virginia Governor Earl Ray Tomlin signed Senate Bill 361, which significantly adjusts the state’s calculation of prevailing wages to establish an amount more reflective of actual earnings in regions across the state.  As ...

When it comes to the Pennsylvania Mechanics’ Lien Law (Lien Statute), the Pennsylvania legislature was quite active in 2014.  In July, Governor Corbett signed into law certain changes to the Lien Statute affecting residential lien rights and ...

Background In the first significant public private partnership (“P3”) infrastructure project in Pennsylvania, PennDOT recently selected Plenary Walsh Keystone Partners (“Plenary Walsh”) for award of the Rapid Bridge ...

Having designated legal counsel is critical to any comprehensive crisis management strategy. Whether you are in pre-crisis, crisis or post-crisis—having an attorney involved in your decision-making process can be the difference between surviving ...

On December 3, Jennifer Horn and Maria Panichelli presented the second webinar in their core construction curriculum series for Women Impacting Public Policy and Give Me 5%. The presentation, entitled “Best Practices in Construction,” ...

On July 9, 2014, Pennsylvania Governor Tom Corbett signed a bill (S.B. 145) into law that amends the Pennsylvania Mechanics’ Lien Law of 1963 (the “Lien Law”). The new law took effect on September 8, 2014 and affects subcontractor ...

Pennsylvania’s Home Improvement Consumer Protection Act (“HICPA”), which went into effect in 2009, generally requires that home improvement contracts be in writing and contain thirteen specific items (including the ...

On April 29, 2014 an evenly divided Pennsylvania Supreme Court in Barrick v. Holy Spirit Hospital upheld a lower court ruling holding that communications between a party’s attorney and a party’s expert witness are exempt from disclosure ...

It is no secret within the construction industry that public-private partnership (P3) project delivery has recently become all the rage.  The demand for infrastructure repairs and improvements is high, and the public dollars needed to fund them are ...

By: Jennifer M. Horn, Daniel E. Fierstein and Katherine Tohanczyn As many federal government contractors know, the False Claims Act (FCA) is a tool used by the federal government to deter fraud. Those found to have knowingly submitted false ...

On April 29, 2014, an evenly divided Pennsylvania Supreme Court issued an order affirming the Pennsylvania Superior Court’s decision in Barrick v. Holy Spirit Hospital. The ruling means that communications between a party’s counsel and a ...

As we first reported back in January of 2012, the Pennsylvania Superior Court issued a decision in Bricklayers of Western Pennsylvania Combined Funds v. Scott’s Development Co. that significantly changed the meaning of the Pennsylvania ...

While by no means a recent law, Section 508 of the Pennsylvania Public School Code, 24 P.S. § 5-508, is becoming one that school districts are repeatedly relying upon to avoid paying contractors for work performed outside the original scope of ...

Counterintuitive as it may seem, courts can exert significant influence by deciding not to consider a case. The Supreme Court of Pennsylvania did just that on April 1, 2014 when it decided not to consider an appeal in the Berks Products Corp. v. ...

A recent case before the Appellate Division of the Superior Court of New Jersey (Morris County Improvement Authority and Somerset County Improvement Authority v. Power Partners Mastec, LLC) involving solar construction has shed light (pun intended) ...

Forums like Angie’s List, Yelp, or even Yahoo Community Listserves allow homeowners and other contractor clients to recommend a contractor for a job well done. Just as often, however, disgruntled clients use these venues to vent about shoddy ...

New Proposed Legislation Would Require Bond: If House Bill 1488 becomes law in Maryland, bid protesters of state contracts appealing a decision to the Maryland Board of Contract Appeals would be required to simultaneously submit a “protest ...

The Maryland Department of Transportation/Maryland Transit Administration (MDOT/MTA) recently announced that four of the six teams that submitted qualification statements will be permitted to submit proposals to design, build, finance, operate, and ...

In the wake of the significant transportation funding legislation passed at the end of November 2013, Pennsylvania’s Department of Transportation wasted no time issuing a request for qualifications (“RFQ“), seeking statements of ...

Jennifer Horn, Partner in the Construction group of Cohen Seglias is speaking on Comparative Analysis of Critical Construction and Design Provisions Between Mid-Atlantic States at Providence Engineering in Lancaster, PA, on Tuesday, January ...

As we reflect upon the past year, few in the Delaware Valley will forget the fateful day in June when a building located at 22nd and Market Streets collapsed in the midst of demolition work performed by contractor Griffin Campbell, which claimed six ...

In recent years, concepts such as “green construction” and “renewable energy” seem to have become almost commonplace. In what is perhaps an effort to lead the world by example in these areas, President Barack Obama recently ...

Owning a home can be an immensely rewarding experience, the keystone of the American Dream. Buying a home, however, can be an immensely complicated experience fraught with risks. Before taking the plunge into homeownership, it is important for a ...

Jennifer Horn of Cohen Seglias is participating in the upcoming PBI construction seminar Primer on Mechanics’ Liens and Bond Claims – Everything you need to know about Pennsylvania Mechanics Lien Law after Bricklayers The seminar will ...

As the Greenbuild 2013 posters, web cafés and stages are removed from the Convention Center in Philadelphia, attendees and exhibitors from across the country have been reenergized in thinking about green building, sustainability and resiliency. ...

Maryland, P3, RFQ, RFP

Unfortunately, dealing with the serious and often financially debilitating issues related to defective stucco is nothing new to many Pennsylvania homeowners. In addition to repairing defective work, a homeowner’s status as a first purchaser of ...

By: Joyce J. Sun and Peter Plevritis As a contractor or subcontractor, timely receipt of payment can be the difference between continuing to grow your company and closing its doors. Because of this, contractors and subcontractors will frequently try ...

The phrase “knowledge is power,” like most clichés, proves true more often than not – especially on construction projects where the status and amount of payments, terms of written agreements, and the content of project documents are ...

Last week, the construction law section of the American Bar Association held its annual Fall Meeting. The program, held in Washington, DC, was entitled “Capital Projects: P3s, Design-Build, and Beyond.” The ABA Forum on the Construction ...

Risk is unavoidable. It doesn’t matter what part of a project you are involved in or if you are the architect, engineer or contractor. What does matter is having a plan because risk management brings value to your company’s work and the ...

In the construction industry, mediation has become an extremely popular vehicle for resolving disputes that develop during and after projects. It is particularly appealing because (i) it can provide an early opportunity for the parties to resolve a ...

Join our Construction Partner, George Pallas, for the webinar “Technology for Secure Job Sites” on September 12th with Engineering News-Record. Reducing risk on the job site begins by controlling the perimeter fence and entry gate, and ...

As schools across the country open, most people in the Delaware Valley are well aware of the School District of Philadelphia’s financial woes. As the School District considers measures to help close its massive budget deficit, it has recently ...

Two weeks ago, the Philadelphia Zoning Board approved the construction of Ridge Flats at 4300 Ridge Avenue in East Falls—a project proposed by developer and design-builder Onion Flats. The Project The five story building will provide 146 ...

Loyal readers will recall our previous discussion regarding the prevalence of tablets and iPads on construction project sites.  As the industry becomes increasingly connected, user-friendly apps for mobile devices are changing the way contractors ...

As our readership knows, states are increasingly looking to public-private partnerships as a means of construction and development.  Maryland is one such state.  We previously reported that Maryland had revised its existing public private ...

A few weeks ago, the New Jersey Supreme Court issued a decision that could have a profound effect on members of New Jersey’s construction community.  In Town of Kearny v. Louis F. Brandt, the Court issued two major holdings: (i) under New ...

As members of the construction industry know, to describe the relationship between a surety and the party to whom it issues a surety bond (the principal) as confusing would be an understatement.  In fact, many believe that the surety-principal ...

In just a few days, a new law (Local Law No. 1 of the City of New York for the Year 2013) will take effect in New York City aimed towards increasing participation of Minority-Owned Business Enterprises (MBEs), Women-Owned Business Enterprises (WBEs) ...

As most contractors recall, the Pennsylvania Lien Law was modified in 2007 to reinstate lien rights.  We have previously reported on proposed changes to the lien law and lien rights preservation.  Additional proposed changes to the lien law, if ...

Employers doing business in the City of Philadelphia must pay taxes on wages (including salaries, commissions, and other forms of compensation) and net profits. A new ordinance shores up current enforcement mechanisms, arming the City with ...

As most people have heard, a vacant building being demolished on the corner of 22nd and Market, in Center City Philadelphia, collapsed into a thrift store this past Wednesday morning.  The collapse resulted in 6 deaths and injuries to numerous ...

The Backdrop Since the Recession of 2008, the story of the construction project that fell through shortly after breaking ground has repeated itself far too frequently.  In too many of these situations, financing dries up, leaving owners without ...

Jennifer M. Horn will be participating in a panel discussion focused on how you can manage the financial, legal, and technical liabilities and risks when using Building Information Modeling (BIM). Reserve your seat today! Event Details: Wednesday, ...

On April 11, 2013, the United States Small Business Administration (SBA) announced that $19 million in grants will be made to SBA resource partners to support small business recovery in the wake of Hurricane Sandy. The funding is part of a package ...

Law360, an on-line publication, has reported that two Pennsylvania  Democrats, Rep. Brendon Newman (D – Washington) and  Rep. Anthony DeLuca (D – Allegheny), are preparing to introduce legislation that may bring the False Claims Act ...

For most people, there is only one thing more excruciating than a discussion about insurance coverage: a blog post about it.  So brace yourselves dear readers. With all kidding aside, the importance for contractors and owners to understand the ins ...

Public construction work can be attractive to contractors, especially in a down economy, because the payments are considered more certain and secure than with private work.  One major pitfall of public work, however, is that legal recourse against ...

By: Jason Tomasulo The Maryland Legislature recently passed House Bill 560, which makes significant revisions to Maryland’s Public-Private Partnership law, effective July 1, 2013. The genesis for the revisions was the combination of Maryland’s ...

Please join us for a professional panel covering the technological, financial, and legal aspects of: History of BIM Future of BIM Benefits and Risks of BIM BIM Documentation and the Effects Case Studies Top 5 Takeaways by Industry ...

December 21, 2012 was the effective date of the Philadelphia Lead Paint Bill 100011-A (the “Ordinance”), which amended Chapter 6-800 of the Philadelphia Code and established new lead paint disclosure and certification requirements for ...

One of the most commonly overlooked yet critically impactful provisions of a construction contract is a notice provision.  In their most typical form, a contractual notice provision will require contractors to provide written notice to their ...

In January, Governor Chris Christie signed an Executive Order and proposed emergency regulations to guide the rebuilding process after Superstorm Sandy in flood prone areas of New Jersey.   Before the storm, the building code and flood-proofing ...

Join our Labor & Employment Group and the Firm’s newest partner, Honorable Gene D. Cohen (Ret.), for a fast-paced seminar on cutting edge labor and employment law issues impacting your business. Far from an academic discussion, attendees ...

By: Jennifer M. Horn The Architectural Billings Index (ABI), an important construction indicator, continues to show increased construction activity and economic momentum in a recent 2012 report.  For the fifth straight month, architectural billings ...

By: Jason C. Tomasulo In January, Maryland Governor Martin O’Malley introduced his $37.7 billion budget for fiscal year 2014, which begins in July 2013, and which includes a plan to spend $373 million for school construction and renovation.   ...

By: Lane Kelman and Lori Wisniewski Azzara In an effort to reduce exposure to diesel exhaust in and around construction areas, on January 18, 2013, the US Green Building Counsel announced a Clean Construction Pilot Credit that can count toward ...

By: Tony Byler and Kathleen Morley Mechanics’ lien claims are powerful tools for contractors and suppliers who are owed payment for work or materials. To be enforceable, the contractor or supplier (“Contractor”) must file a lien claim within ...

By John A. Greenhall and Jennifer R. Budd For decades, Pennsylvania Courts have limited the scope of the implied warranty of habitability to the first user of the home. For the first time, in Conway v. Cutler Group, Inc., the Pennsylvania Superior ...

By: Tony Byler and Daniella Gordon Suppliers frequently provide supplies on lines of credit to contractor customers who are involved in multiple construction projects.  In an ideal world, both the customer and the supplier would maintain accounting ...

As commercial property owners and their tenants assess the damage caused by Hurricane Sandy, they need to understand their rights and obligations under leases, mortgage loan documents, and insurance policies. LEASE PROVISIONS As a result of storm ...

Greenbuild International Conference and Expo is coming to Philly November 20-22, 2013 and we are actively seeking proposals for the annual Legacy Project. The Legacy project could be anything from a straw bale playhouse or school gardening ...

Cohen Seglias Partner Lane Kelman and Associate Lori Wisniewski Azzara recently authored an article, “Precasters’ Opportunities & Liability in Green Projects” which appeared in the November/December issue of Precast, Inc. ...

By: Daniella Gordon and Jennifer M. Horn Several top New York construction companies have been served with federal subpoenas seeking information regarding their billing practices in connection with New York public works projects.  Skansa USA ...

By: Jennifer R. Budd and George E. Pallas A bill allowing the New Jersey Turnpike Authority (“NJTA”) to enter into design-build contracts has been introduced in the New Jersey Assembly (A1561) and the Senate (S1211). The NJTA is the entity ...

By: Lane F. Kelman and Jennifer R. Budd Cohen Seglias hopes that you, your friends and family made it through Hurricane Sandy unharmed and without great loss. This storm caused billions of dollars of damage up and down the Northeast Corridor and ...

By: Marian Kornilowicz and Mark Leavy If you are a resident of Philadelphia, then you likely know about the ongoing turmoil surrounding Mayor Nutter’s pursuit of real estate tax reform. His plan is known as the Actual Value Initiative, or AVI, and ...

By: Melissa C. Angeline The New Jersey legislature recently enacted a law requiring employers to post and distribute written notices informing employees of their “right to be free from gender inequity or bias in pay, compensation, benefits or ...

Please join our Federal Contracting Practice Group for a Networking Cocktail Reception preceded by a precise presentation on Avoiding the Pitfalls in Federal Construction Contracting. This networking event will facilitate interaction between large ...

Separate but commonly owned or related companies are common place in the construction industry. It is also common for contractors to get squeezed by late or nonpaying owners and/or subcontractors demanding payment for work performed. A recent case ...

Construction today is not your father’s industry. With the growing use of electronic forms of communication and document creation, the rules have changed. Businesses continue to strive for a paperless office. Now, rather than drowning in ...

By: Daniella Gordon and Jennifer M. Horn The New Jersey legislature is considering a bill which would permanently bar contractors who are convicted of fraud in connection with work on government contracts from bidding on future public contracts in ...

By: Scott T. Earle and Jennifer M. Horn The recently passed and amended Delaware House Bill 109 (“HB 109”) has important implications for anyone concerned with construction law in Delaware. According to amended HB 109, any provision in a ...

By: Jennifer M. Horn The “Gist of the Action” Doctrine may bar plaintiffs from asserting tort-based claims, such as fraud, where the “gist” of the lawsuit is the breach of a contract. Although the Pennsylvania Supreme Court has not yet ...

By: Daniel E. Fierstein and Jennifer M. Horn Banks do not typically loan money if they can not be assured “priority” status over any other encumbrances that may arise. “Priority” in this context refers to the order in which various ...

By: Lori Wisniewski Azzara and Robert G. Ruggieri Philadelphia City Counsel recently passed Bill No. 120428-A, which amends Chapter 9-3400 of The Philadelphia Code, to establish a system of benchmarking and reporting energy and water usage data for ...

By Mark J. Leavy and Marc Furman On July 5, 2012, Pennsylvania Governor Tom Corbett signed into law the Public Works Employment Verification Act. The law will take effect January 1, 2013. The law requires contractors and subcontractors on “public ...

By: Steve Williams Pennsylvania now has a law that prescribes how landlords must handle a tenant’s abandoned property in certain circumstances. Senate Bill 887 was signed into law by Governor Corbett on July 5, 2012 (as Act 129-2012), becomes ...

By: Jason C. Tomasulo Governor Corbett recently signed legislation to encourage the financing and investment by private industry aimed at addressing Pennsylvania’s aging infrastructure needs, lack of adequate funding, and anticipated growing ...

By: Kathleen M. Morley and Jennifer M. Horn The Superior Court of Pennsylvania recently issued a decision in the case of Bennett v. Masterpiece Homes et al. in which the Court found that an owner of a construction company personally assumed ...

By: Robert J. O’Brien and Robert G. Ruggieri In a matter of first impression in Pennsylvania, the Commonwealth Court in Ribarchak v. Municipal Authority of the City of Monongahela recently addressed the issue of whether the use of a ...

By: Lane Kelman and Lori Wisniewski Azzara After three years of public hearings and input from industry specialists, the International Code Counsel (ICC) recently released the 2012 International Green Construction Code (IgCC), which is the first ...

By: Lane Kelman and Lori Wisniewski Azzara In its first-ever survey of green goods and service jobs, the U.S. Labor Department’s Bureau of Labor Statistics (BLS) recently reported that “green” jobs accounted for 2.4% of the nation’s total ...

Green building is more popular than ever, and achieving LEED certification for projects is a mark of distinction. Construction companies and developers need to understand how they can effectively manage the risks and reap the rewards of these ...

By: Jason C. Tomasulo An amendment to the Virginia Public Procurement Act (VPPA) has cut in half the amount of time a sub-subcontractor or supplier has to make a payment bond claim on public construction and transportation projects in Virginia. ...

By: Jennifer M. Horn and Robert Ruggieri Partner Evan A. Blaker recently joined Cohen Seglias Pallas Greenhall & Furman PC. We sat down with him to discuss his background and his thoughts on the state of the construction industry. Keep reading ...

By: Melissa Angeline The Supreme Court of Pennsylvania recently limited application of the prevailing wage law to multi-phase construction projects involving a mix of private and public funding. In 500 James Hance Ct. v. Pa. Prevailing Wage Appeals ...

By: Jennifer M. Horn As part of an ongoing series, Construction Law Signal will examine basic construction contract clauses and offer tips for navigating the nuanced arena that is the negotiated construction contract. “No Damage for Delay” ...

It goes without saying that subcontractor management is a tricky business for those who select and contract with subcontractors in these interesting economic times. The earlier a general contractor can recognize the warning signs of a ...

By: Lori Wisniewski Azzara and Jennifer M. Horn According to a recent report from the U.S. Green Building Council, LEED-certified existing buildings are outpacing their newly built counterparts for the first time. As of December 2011, the square ...

By: Jason C. Tomasulo Montgomery County, Maryland, recently simplified its construction permitting and inspection processes to better accommodate businesses and developers. Montgomery County consolidated the inspection of fire protection systems ...

I recently had the pleasure to chat with Robert W. Bertazon, founder of Maryland Construction Network, an innovative forum for the Maryland construction industry. I asked Mr. Bertazon to comment on the genesis of the Maryland Construction Network ...

By: Jason A. Copley and Lori Wisniewski Azzara  On January 6, 2012, the Pennsylvania Superior Court, in a 7-2 decision, significantly expanded the Pennsylvania Mechanics’ Lien Law’s definition of a “subcontractor” in Bricklayers of ...

By: Lori Wisniewski Azzara and Jennifer M. Horn As a follow up to its 2006 report, the Natural Resources Defense Council (NRDC) has issued a new report – Rooftops to Rivers II – that provides case studies for 14 geographically diverse cities ...

By: Mark Leavy and Marc Furman On November 29, 2011, Mayor Michael A. Nutter signed Executive Order No. 15-11: “Public Works Project Labor Agreements”. The Order strongly recommends – but does not strictly require – the use of ...

By: Marian A. Kornilowicz The Pennsylvania Department of State Corporation Bureau (Corporate Bureau) identifies entities that may no longer be in existence in order to make their names available for use by new active entities. To make sure your ...

By: Melissa C. Angeline On November 7, 2011, the New Jersey Department of Labor and Workforce Development (DOL) released a new 6-page workplace notice for all New Jersey employers. The Employer Obligation to Maintain and Report Records Regarding ...

By: Jennifer M. Horn For over ninety years, Maryland’s Court of Appeals has refused to honor the claims of unlicensed entities, including those of subcontractors and contractors who failed to adhere to the applicable regulatory licensing ...

By: Lori Wisniewski Azzara and Robert G. Ruggieri On October 20, 2011, Senate Bill No. 1227 was introduced to the Pennsylvania Senate. The bill requires that funds paid by an owner to a contractor for work performed and/or materials furnished by a ...

By: Jennifer Horn In a decision this month PennDot’s Design-Build Best-Value Bid (DBBV) procurement method has been deemed illegal by Pennsylvania’s Commonwealth Court. Strengthening earlier rulings, the Court noted that the illegality of the ...

By: Jason Tomasulo A number of outlets including Infrastructure Investor and the Washington Post are reporting the announcement by the Obama Administration of 14 projects that will be expedited through the permitting and environmental review ...

By: Melissa C. Angeline In its October 5, 2011 press release, the National Labor Relations Board states that it has postponed the November 2011 deadline for employers to post the “Employee Rights Under the National Labor Relations Act” notice. ...

The National Labor Relations Board has published its new poster, titled “Employee Rights Under the National Labor Relations Act.” As previously reported on our blog, the Board recently adopted a new rule requiring private employers to post a ...

By: Jennifer M. Horn Construction owners and managers are utilizing computer tablets such as the iPad more and more on the job site to help streamline business. Engineering News Record posted a video clip and article about a few construction ...

By: Jennifer M. Horn and Robert Ruggieri A September 1, 2011 decision by the Maryland Court of Special Appeals reminds us of the critical importance of strictly following contractual and procurement procedures before performing change order work for ...

By: Jennifer M. Horn On September 14th, Lancaster General Health (LGH) is set to break ground on the new Ann B. Barshinger Cancer Center. According to the press release from the LGH, the 70,000 square foot, $44 million center will, “bring ...

By: Christopher Soper and Lane Kelman Recently New Jersey State Senator, Bob Smith (D., Middlesex), chairman of the Senate Environment and Energy Committee, explained that New Jersey has “done such a good job at stimulating solar that the market ...

By: Melissa C. Angeline On August 25, 2011, the National Labor Relations Board announced a new rule that requires private employers to post a notice of employee rights under the National Labor Relations Act (“NLRA”). By November 14, ...

By: Jennifer M. Horn The Philadelphia Inquirer posted an interesting article about what would have happened if the 5.8 earthquake that struck the east cost on August 24, 2011 had been closer to the city. According to the article, Philadelphia would ...

By: Jennifer M. Horn The Occupational Safety and Health Administration (OSHA) has launched a new smart phone application that will “enable workers and supervisors to monitor the heat index at their work sites in order to prevent heat-related ...

By: Robert Ruggieri Last week we blogged about an important decision recently handed down by the Third Circuit Court of Appeals on the enforceability of pay-if-paid provisions in Pennsylvania. In Sloan & Company v. Liberty Mutual Insurance ...

By: Melissa C. Angeline Philadelphia has become the first major city to bar private employers from inquiring about an applicant’s criminal background. The “Ban the Box” law, otherwise known as the Fair Criminal Record Screening ...

By: Jennifer M. Horn As all subcontractors are aware, mechanics’ lien rights are precious tools to recover payment on a project for work performed. Often with the aid of a title search, subcontractors and their counsel strive to ascertain the ...

By: Jennifer M. Horn In a precedential opinion that overturned a Pennsylvania District Court ruling, the United States Court of Appeals for the Third Circuit (the Third Circuit) interpreted several important provisions of a construction contract. ...

By: Scott T. Earle House Bill 109 (HB 109), which was passed by the House of Representatives, has stalled out in the Senate. This Bill was a proposed amendment to Title 6, Chapter 35 of the Delaware Code Building and Construction Payments section ...

“Technology has transformed dozens of ways we interact with the world. How we communicate, learn, work, entertain, and provide for ourselves have all been radically altered by computers, sensors, and software. One area where technology is ...

By: Jason A. Copley and Kathleen M. Morely Contractors and subcontractors, and really any business associated with construction, should be pleased with a new law that just took effect in Pennsylvania. In cases where there is more than one defendant, ...

Over the past couple of years, the solar industry has thrived in Pennsylvania and New Jersey due to federal and state programs that have provided hundreds of millions of dollars in incentives. These programs are necessary for solar energy to compete ...

If you are a Contractor performing residential home improvement work in New Jersey, a recent case clarifies that you may be subject to Consumer Fraud Act claims even when your contract is with a homeowner who serves as a “general ...

As many contractors know, Pennsylvania’s attempt to formulate and use innovative procurement methods has incurred a series of setbacks from the Commonwealth’s appellate courts. The latest setback came when the Pennsylvania Supreme Court found ...

As many in the industry are aware, Maryland became the first state to fully adopt the International Green Construction Code (IGCC) when Governor Martin O’Malley signed HB 972, effective March 1, 2012. In response to our IGCC blog post on this ...

If you are a contractor bidding on public projects in New Jersey, a recent NJ case sheds light on an aggregate rating requirement which, if violated, could cause your bid to be disqualified. What Are Aggregate Rating Requirements Under NJ Law? Most ...

Look familiar? If you have not already seen the infamous “inflatable rat” in a neighborhood near you, it is likely that you are going to see one soon. This comes as a result of a recent decision by the National Labor Relations Board ...

The State of New Jersey, in conjunction with the Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE), is exploring the possibility of leasing portions of the continental shelf to wind power developers and studying the feasibility ...

The Philadelphia Zoo recently broke ground on the brand new Hamilton Family Children’s Zoo and Education Center. The Zoo website describes the center as a “joyful, engaging experience for children and families while promoting a lifetime ...

Last week, Pennsylvania’s House Labor and Industry Committee considered PA House Bill 1602  (HB 1602). Construction industry experts, including Cohen Seglias’ own Jason A. Copley, critiqued the bill in testimony presented at a televised public ...

Building Information Modeling (BIM) is a technological process that allows building and construction data to be modeled and managed three dimensionally. The technology can be used to represent a building in ways that the more traditional drawings ...

On June 7, 2011, the Pennsylvania Superior Court, in what appears to be a departure from past rulings and conventional interpretations of Pennsylvania’s Mechanic’s Lien Law (Lien Law), issued a ruling that permits an excavating contractor to ...

The Philadelphia Water Department (PWD) has enacted a new method for charging customers for Storm Water Management Services (Services). It is important to understand the new rating system, as it could significantly impact all property owners in ...

Pennsylvania Governor Corbett has signed, House Bill 377 (HB 377) into law. The new law repeals the sprinkler mandate that became effective on January 1, 2011 that required builders to install sprinkler systems in all new single- and two-family ...

Pennsylvania: PNC Financial Services Group (PNC) is moving its headquarters to Pittsburgh. PNC, which is the largest bank in Pennsylvania, plans to build a $400 million “green” office structure in downtown Pittsburgh, which will create ...

Maryland Governor Martin O’Malley recently signed bill MD HB 972 into law, effective March 1, 2012. The law “authorizes the state’s Department of Housing and Community Development to adopt the IGCC, while allowing local jurisdictions to ...

The “Job Applicant Fairness Act,” (the Act) signed into law on April 12, 2011, prohibits most Maryland employers from using credit reports and credit histories as a means of determining hiring and retention. Generally, employers are ...

Earlier this week, Philadelphia’s Historic Preservation Alliance hosted its Eighteenth Annual Achievement Awards, where individuals and organizations were honored for significant contributions to historic preservation. Congratulations to the ...

A recent study of Pittsburgh’s David L. Lawrence Convention Center (DLCC) showed that the building has been “wasting energy” for years. The finding has brought much criticism from taxpayers. The study performed by the Green ...

Is construction picking up throughout the Mid-Atlantic region? Here are just a few summaries of headlines for Maryland, Delaware and Pennsylvania Maryland: As of March 2011, construction projects in several Maryland counties continue to increase, ...

It is hard to dispute that the past three years have been difficult for West Virginia’s construction industry, and so far 2011 hasn’t seen much improvement. Employment in the construction industry is down approximately 10% this year over ...

International Energy Conservation Code Upgrades The 2012 International Energy Conservation Code (IECC) has been upgraded to require that newly constructed and renovated residential and commercial buildings achieve energy savings 30% higher than the ...

For an increasing number of contractors, survival in the current economy has resulted in the need to find and secure work in other states. The migration of contractors to neighboring states is apparent throughout the country. Besides the work ...

Cohen Seglias is hosting a series of seminars, throughout the Mid-Atlantic region, for regional contractors and trade subcontractors whose work areas span multiple states. The “Crossing Borders” program highlights distinctions in the laws of ...

On April 26, 2011, the Maryland Court of Appeals (Court of Appeals) issued a decision in BEKA Industries, Inc. v. Worcester County Bd. of Education. This case involves a number of issues, the most significant of which is the application, extent and ...

New Jersey Turnpike officials recently announced that they expect to advertise approximately $800 million in Turnpike related construction projects to be completed by February 2012. The projects will include road widening, bridge deck, resurfacing, ...

With Marcellus Shale natural gas continuing to grow in demand, it has become increasingly important to update the rail systems used to transport the product. With this in mind, U.S. Transportation Secretary Ray LaHood on April 18, 2011, announced a ...

On April 8, 2011, the Commonwealth Financing Authority announced its approval of $6.5 million in new alternative and clean energy grants. According to C. Alan Walker, acting Secretary of the Department of Community and Economic Development, these ...

Two weeks ago, April 3-5, the 2011 PV America conference was held in Philadelphia. More than 3,000 attendees, including PV manufacturers, distributors and installers, industry financiers and project developers, converged upon the Pennsylvania ...

On April 12, 2011, the Pennsylvania Senate voted to pass House Bill 377 (HB 377). The Senate’s version of the bill contained some changes, and HB 377 was sent back to the House for a concurrence vote. A day later, the House voted to approve ...

Maryland Live! Casino, which broke ground in January of this year, is hosting an event on Monday, April 18, 2011, “for subcontractors, vendors and suppliers to participate in the construction of the $200 million project.” Casino management is ...

According to the Baltimore Business Journal, downtown Baltimore’s office vacancy rate is, amazingly, about 19%. A new task force, co-chaired by  J. Kirby Fowler, President of Downtown Partnership of Baltimore Inc. and Colin Tarbert, Deputy ...

The on-again-off-again Graterford Prison project has just met another hurdle. Pennsylvania Governor Tom Corbett’s administration just announced that the Department of General Services will re-bid the project to include a new death row wing, and a ...

On March 24, 2011, Cohen Seglias Pallas Greenhall & Furman’s Labor & Employment Group hosted the 3rd Annual Labor & Employment Law Seminar, at the Four Seasons Hotel in Philadelphia. About 70 people attended the half-day seminar to ...

What do leading economists have to say about an economic recovery for the construction industry? The reviews are mixed, but hopeful. The following three economists recently spoke at an American Institute of Architects (AIA) sponsored webinar in ...

On Tuesday, March 22, 2011, the Pittsburgh chapter of the National Association of Women in Construction (NAWIC) held an event during which Karen Waigand, the Women’s Business Coordinator for the Small Business Administration (SBA), spoke about the ...

In order to succeed in today’s world of federal construction contracting, with emphasis on “best value,” indefinite delivery/indefinite quantity contracting, and teaming arrangements, a contractor must have a thorough understanding of ...

The Baltimore Business Journal reported on March 14, 2011, that, “Howard County (Maryland) is recruiting small and minority-owned businesses to help build the state’s $115 million “One Maryland Broadband network.” The proposed One Maryland ...

With reports still coming in about the devastation in Japan, one thing is clear: had the 9.0 magnitude earthquake struck a populated coastal region of the United States, even greater destruction would have occurred. In terms of earthquake and ...

I recently had the opportunity to sit down with Ms. Anne Klein, Senior Vice President of the Office Services Group of Grubb & Ellis’ Southern New Jersey Office, where she serves as a senior broker. With 26 years of experience in the ...

According to a recent study released by McGraw Hill Construction, “Contracts for future commercial construction in the Baltimore-Towson Metropolitan statistical area for January 2011 were up 72 percent when compared to the same month in ...

In 2006, Duke Energy Corp. (Duke) estimated that it would cost $1.6 billion to build a massive 630-megawatt power plant in Edwardsport, Indiana (the Project). From 2006 to the present, the price for constructing the Project has grown to $2.9 ...

The powerful 6.3 magnitude shallow earthquake that hit New Zealand last week struck less than 6 miles from Christchurch’s historic downtown district, and only about 3 miles below the surface. Engineers were not surprised by the damage and ...

New Jersey Governor Chris Christie announced that 10 schools in the state will receive a total of $584 million through the Schools Development Authority (SDA) to rebuild and renovate existing space. In addition to the allocated money, $100 million ...

Governor Martin O’Malley recently announced that through the Sustainable Communities Tax Credit Program, ten different projects throughout Maryland received grants totaling $11.1 million towards sustainable construction. O’Malley said ...

Join Cohen Seglias Pallas Greenhall & Furman, PC and Karden Construction Services, Inc. for an informative seminar that will be invaluable to contractors conducting business in the current economic climate. In today’s competitive ...

New Jersey Governor Chris Christie recently enacted legislation revising the New Jersey Construction Lien Law, which was last amended in 1994. The amendments are effective immediately and include changes to critical timing, definitional, and ...

Since public bidding began in the State of New Jersey, contractors have had to be especially diligent in the computation and review of their bid packages. This is because New Jersey has remained one of the few states that does not have an ...

The Lancaster County Board of Commissioners announced on January 26, 2011, that they passed an ordinance banning the use of project labor agreements (PLAs) “on all county-funded construction projects.” With the passage of Ordinance 99, all ...

Cohen Seglias partner Edward T. DeLisle recently wrote the following post for our sister blog, Federal Construction Contracting Blog, which we thought would be of interest to Construction Law Signal readers as well. As of Friday, February 4, 2011, ...

Update: Christie Signs NJ Power Plant Bill New Jersey Governor Chris Christie signed into law last Friday the controversial power plant bill (S-2381) that, among other things, is aimed to lower energy rates by increasing the energy generated ...

The Delaware Department of Transportation (DelDot) recently filed a lawsuit for $19.6 million in damages against Florida based engineering contractor Figg Bridge Engineers (Figg) and its engineering subcontractor MACTEC Engineering (MACTEC). The ...

Christopher P. Soper, LEED® AP contributed to this post. To further the efforts to reduce the negative impact that buildings can have on the environment the International Code Counsel (ICC) created the International Green Construction Code (IGCC) ...

Economic Forecast for the 2011 Construction Industry: Outlook Good? I recently had the pleasure to chat with Mr. Anirban Basu, Chief Economist for the Associated Builders and Contractors, Inc. (ABC) and Chairman & CEO of the economic and policy ...

Lane F. Kelman contributed to this post. A recent increase in fraud investigations relating to disadvantaged business enterprises (DBEs) has caused companies to revisit the qualifications of the DBEs they work with. Two recent investigations in New ...

A controversial bill, know as “LS Power Bill” has recently put New Jersey Governor Chris Christie under some pressure. The bill, A. 3442, is a reaction to regional power-grid operator PJM Interconnection’s (PJM) reliability pricing ...

Recent Pennsylvania court decisions have virtually eliminated any insurance coverage under commercial general liability policies for claims brought against general contractors arising from the faulty workmanship of their subcontractors. Jonathan A. ...

On December 15, 2010, Allentown’s City Council passed a bill that requires contractors to sign project labor agreements (PLAs), as a condition to receiving contracts for work on construction projects sponsored by the City of Allentown. This ...

The developer of 10 Rittenhouse, the luxury Philadelphia condominium building with 33 floors and units priced from $600,000 to $15 million, recently filed for bankruptcy protection under the court’s Chapter 11 procedures. In doing so, the ...

On February 16, 2010, Cohen Seglias partner Lane F. Kelman will present a program to The Environmental Information Association’s Mid-Atlantic Chapter on the interrelationship between the current trends in Green Building, the environmental ...

On September 6, 2010, President Barack Obama proposed a six-year, $50 billion plan to rebuild the nation’s highways, railways and airport runways. Obama’s plan includes rebuilding 150,000 miles of roads, construction and maintenance of ...

Smart contractors now more than ever must be vigilant about preserving their rights to mechanics’ liens. Lien rights provide another avenue of protection if and when payment is not made for work performed. Contractors should beware however, ...

The luxury hotel chain, the Four Seasons, has been building an 18-story, 256-room hotel in Harbor East, Baltimore for over a year now. Until now, they have not been able to fully finance the $197 million project. On Thursday, January 6, 2011, ...

Building owners in the City of Philadelphia had better start paying closer attention to what’s on the outside. Earlier this year, Mayor Michael Nutter signed an ordinance — Periodic Inspection of Exterior Walls and Appurtenances of ...

In terms of solar power, New Jersey is very progressive. New Jersey is a frontrunner in renewable energy production, and currently has the second highest capacity of solar power in the country – California is first. The Garden State’s ...

The Pennsylvania Superior Court has decided to reconsider its own recent ruling that made information considered by an expert fair ground for full discovery by other parties in the lawsuit. Barrick v. Holy Spirit Hospital On September 16, 2010, in ...

The Pennsylvania Home Improvement Consumer Protection Act, HICPA, went into effect on July 1, 2009. HICPA was designed to protect purchasers of home improvement services from contractors engaging in deceitful business practices or doing shoddy ...

Pennsylvania Governor Ed Rendell announced Monday that new state investments for Warren and Erie counties have been approved. The new projects will receive $45 million in state funding and $68 million in private funding and will create more than 400 ...

Contractors and subcontractors must be particularly vigilant in protecting their lien rights in these uncertain economic times. Despite an investment of time and labor into a project, contractors and subcontractors may be faced with a defaulting ...

A new trend in sports stadiums becoming environmentally friendly has begun to take off. The new Meadowlands Stadium, home to the New York Jets and New York Giants, was built “green” using 40,000 tons of recycled steel and features solar ...

The Philadelphia International Airport (PHL) is proposing a $5.3 billion expansion, which would create 45,000 construction jobs over 12 years and 2,880 permanent jobs. PHL is said to be the 6th most delayed U.S. airport. The expansion plan includes ...

Jonathan A. Cass, senior counsel with Cohen Seglias contributed to this post. Your company is sued as a result of an alleged constructive defect. You tender the claim to your insurance company and they hire and pay for a lawyer to defend your ...

On March 23, 2010, President Barack Obama signed the comprehensive health care reform law (Reform) to expand health care coverage in the United States. Impact of Comprehensive Health Care Reform Law on Employers It is an understatement to say that ...

The federal government recently denied the state of Delaware’s application for a $22 million grant for a wind turbine manufacturing facility in the Port of Wilmington (The Port). The Port, along with NRG Bluewater Wind (NRG), sought the grant ...

Owners and contractors should be aware of a significant October 2009 Pennsylvania Superior Court decision, Zimmerman v. Harrisburg Fudd I, L.P., which clarifies the standard for the award of post-judgment interest and attorneys’ fees under the ...

On November 18, 2010, Pennsylvania’s Independent Regulatory Review Commission (IRRC) unanimously approved new standards that will make natural gas wells safer. The new standards were approved just days before a 13,000 gallon fracking fluid spill ...

Recently, Pittsburgh city council members voted unanimously to pass an ordinance banning natural gas drilling in order to avoid the “significant threat to the health, safety and welfare of residents and neighborhoods within the city.” The ...

The New Jersey state legislature recently approved A1084, a bill that would require solar panels to be included in the design and construction of all new public schools across the state. The Assembly Appropriations Committee is awaiting assurance ...

Getting paid on time for work performed on a construction project is a natural concern for subcontractors. Generally speaking, your subcontract with the general contractor contains a payment clause that sets forth when and how you are entitled to ...

Recently we reported on the Pennsylvania Senate’s amendment to House Bill 1196 (HB 1196). This amendment would have delayed the implementation of the residential sprinkler mandate until January 2012. As promised, the Pennsylvania House of ...

Pennsylvania Governor Ed Rendell recently announced that the state is awarding close to $8 million in state alternative energy grants. The grants will be used to fund 21 projects that will encourage the use of biofuels and technological developments ...

Pennsylvania Governor Ed Rendell announced yesterday that a $32.5 million state investment will be made for 38 rail projects in 28 counties. At a press conference held in York, Pennsylvania, Rendell explained that the freight investment would ...

Although nobody is immune from the effects of the downturn in the economy, contractors and subcontractors are especially vulnerable in these uncertain times. Even after investing time and labor, contractors and subcontractors face the possibility of ...

Lane F. Kelman contributed to this post. The Brooklyn Bridge is made up of approximately 11,000 tropical wood planks that are exposed to heavy foot and bicycle traffic. Due to the heavy use, the planks require routine replacement. The New York City ...

The project to expand Graterford Prison (Project) which was previously canceled by the Pennsylvania Department of General Services (DGS) is now expected to move forward. According to an 10-8-10 Notice to Proposers, the proposal submission deadline ...

Steven M. Williams contributed this post. In December 2009, Pennsylvania became the first state in the country to require that fire sprinklers be installed in all new residential construction. The law took effect on January 1, 2010 for townhouses ...

Scott T. Earle and Daniella Gordon contributed to this post. A recent Delaware Supreme Court decision limited the field of bond claimants on a private project. In the case, Berlin Steel proper claimants under bond.pdf the Supreme Court overruled ...

After a tragic Ride the Ducks accident in July on the Delaware River, Ride the Ducks Philadelphia is proposing to construct a new route through the city. The company is looking to build a $1 million trench leading into the Schuylkill River near ...

Although entering the public bidding arena presents contractors with a plethora of opportunities, these opportunities do not come without risk. As many contractors can attest, oftentimes public bidding can seem more like gambling than bidding. This ...

Earlier today, Governor Chris Christie announced his intention to remain steadfast in his earlier decision to cancel the ARC Tunnel project, citing New Jersey’s lack of funding. Two weeks ago, Christie chose to pull the plug on the ARC Tunnel ...

Pennsylvania Gov. Ed Rendell is currently reviewing a new state capital budget that is calling for numerous new development projects across the state. Within this budget, through the Redevelopment Assistance Capital Program (RACP) Philadelphia ...

Pennsylvania is making a last call for companies that are out of compliance with the Commonwealth’s Unclaimed Property Law (Law). Sunday, October 31, 2010, is the last day to enroll in the Unclaimed Property Amnesty Program. After this date, ...

In a recent survey of 441 human resource professionals, the Family and Medical Leave Act of 1993 (FMLA)  was overwhelmingly identified as the single most problematic federal employment law. The FMLA, which covers employers with at least 50 ...

On Monday October 11, 2010, President Barack Obama, cabinet secretaries and a handful of the nation’s mayors and governors met at the White House to discuss the President’s Infrastructure Plan (Plan). Both Pennsylvania Governor Ed ...

On September 27, 2010, President Obama signed into law the Small Business Jobs and Credit Act of 2010 (Act). The Act was designed to provide immediate relief and is expected to provide critical resources to help small businesses continue to drive ...

On October 13, 2010, Governor Ed Rendell signed into law House Bill 400, establishing the Construction Workplace Misclassification Act (CWMA). This new law goes into effect on February 10, 2011, and will have a dramatic impact on all construction ...

It is not uncommon, especially in today’s economy, for a subcontractor to perform work on a project but not get paid. Under Pennsylvania law, there are several courses of action a subcontractor can take to recover payment. One option is for a ...

The Delaware Department of Transportation (DelDOT) recently unveiled its plans to update the Cape Region over the next five years. Funded Projects On the agenda of funded projects are intersection and sidewalk improvements, such as realignment of ...

Building information modeling, commonly referred to as BIM, is a technology that has the potential to revolutionize the process of project design and construction. According to the president of the Mechanical Contractors Association of America, BIM ...

In Maryland, contractors who perform home improvements are required to be licensed with the Maryland Home Improvement Commission. In addition to facing civil and criminal fines and penalties, unlicensed contractors risk losing the ability to enforce ...

After weeks of speculation, Governor Chris Christie announced his decision yesterday to cancel the $8.7 billion ARC Tunnel Project. This move came after the ARC Executive Steering Committee informed him that the project could cost New Jersey ...

It is becoming increasingly important for owners of land with Marcellus Shale gas wells currently in use, or that may be in use in the future, to make sure that they have a plan in place to ensure financial stability for themselves and their ...

Just one day after lifting a suspension for all New Jersey Department of Transportation (NJDOT) construction and design projects, the hold is back on for about 100 design and planning projects. Late Tuesday, NJDOT Commissioner James Simpson put a ...

Governor Chris Christie’s decision to halt work on all projects funded by the New Jersey Department of Transportation (NJDOT) led to a total cessation of work on nearly 100 construction and 200 design projects today. Governor Christie stopped the ...

Renovations are underway to restore the historic Wheeling, West Virginia Independence Hall. The Independence Hall building was constructed in the 1800’s and served as the capital building even before West Virginia was formally recognized as a ...

The New Jersey Superior Court recently issued an opinion that serves as a cautionary tale for all parties in a construction project who perform work without complete, signed copies of their contracts on hand. In the case of City of Union City v. AC ...

The project to expand the State Correctional Institute at Graterford due to overcrowding has been canceled. Currently, the prison houses 2,100 inmates, but it is so crowded that prisoners are being shipped to Michigan and Virginia. The project was ...

The April 20, 2010 BP oil spill in the Gulf of Mexico has been called the worst environmental disaster in American history. Although the well was recently capped, the spill has resulted in tightened regulations on oil drilling which may unexpectedly ...

This week is World Green Building Week, and today – September 23, 2010 – happens to be the Green Building Day. In honor of the increased international and national focus on green building initiatives, we wanted to provide a brief ...

September 30, 2010 is the deadline to file the Employer Information Report, otherwise known as an EEO-1, with the Equal Opportunity Employment Commission (EEOC). Do you know if you are required to file? If so, have you gathered all the information ...

Prompted by criticism relating to inappropriate perks, nepotism, and corruption, the Delaware River Port Authority (DRPA) has recently enacted reforms that will affect DRPA’s construction projects. The DRPA is responsible for operating 4 toll ...

As a result of two recent Pennsylvania decisions, insurance carriers are now aggressively taking the position that there is no insurance coverage under commercial general liability policies (“CGL)” for property damage claims caused by ...

During Laborfest, a union-sponsored Labor Day rally held in Milwaukee, Wisconsin, President Obama announced a plan to spur the American Economy by investing in the country’s crumbling infrastructure. President Obama called for Congress to ...

Mid-Atlantic contractors can expect to see more “rails-to-trails” work opportunities in the near future. In 1916, at the height of railroad expansion in the United States, there were more than 275,000 miles of railroad track across the ...

Lane F. Kelman, partner with Cohen Seglias, contributed to this post. New Jersey Governor Chris Christie recently signed The Offshore Wind Economic Development Act (Act). The purpose of the Act is to make New Jersey a leader in offshore wind power. ...

Christopher P. Soper, LEED AP, associate with Cohen Seglias, contributed to this post. This summer, Delaware Governor Jack Markell signed into law four renewable energy bills designed to expand Delaware’s wind and solar power industries. The ...

Anthony M. Bottenfield, associate at Cohen Seglias contributed to this post. The New Jersey Supreme Court recently issued a unanimous opinion that will impact anyone who eliminates evidence of alleged construction defects before providing an ...

There has been much public discussion centered on the appropriateness of building a mosque in close proximity to Ground Zero. The controversial project to develop an Islamic cultural center in New York City is known as Park51. The political aspects ...

The land under parts of central Pennsylvania contains rock known as “Marcellus Shale.” Trapped within the shale are pockets of natural gas. Gas companies have long been aware of the shale, but until recently, the trapped gas was ...

In the world of construction litigation, everything begins and ends with your contract. Although contract drafting and negotiation may feel like a burdensome process that stands in the way of commencing work and earning profits, it is probably one ...

When payment for good work performed on a construction project is delayed, contractors, subcontractors, and suppliers alike must act quickly to preserve their mechanics’ lien rights in Maryland.  A mechanics’ lien is a way for contractors, ...

Savvy contractors looking to enter the green building market should keep their eye out for new areas of green building. One new area is likely to be sports complex construction. The first LEED certified sports complex was the Portland Trail ...

Mayor Michael Nutter recently announced that construction will move forward on the proposed $70 million Mormon Temple. The temple is expected to open in 2013 and the proposed location is 18th and Vine Streets.   While the temple’s ...

Contractors and subcontractors who engage in public work must be mindful of the language contained in bid solicitations.  While it is easy to presume that the solicitations or advertisements for certain types of contracts are consistent within the ...