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    Construction Law Now Blog

    Construction Law Now provides the rapidly changing construction industry and those operating within it with timely and relevant information as well as practical commentary and analysis from the Cohen Seglias Construction Group.

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    Contract
    Contractual Notice Provisions: Read Them, Understand Them, and Follow Them

    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 ...

    New Construction
    Rebuilding in New Jersey after Superstorm Sandy? Make Sure you Comply with the New Rules Regarding Construction in a Flood Zone
    BY Jennifer R. Budd, Jonathan A. Cass

    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 ...

    Economy
    Architectural Billings Index Continues To Indicate Increased Construction Activity

    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 ...

    Maryland
    Maryland Governor’s Proposed Budget Allocates $373 Million for School Construction Work

    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.   ...

    Green Building
    Clean Construction Pilot Credit Added to LEED Certification Rating System
    BY Lori Wisniewski Azzara

    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 ...

    Mechanics' Liens
    New Pennsylvania Case: When Does a Contractor’s Mechanics’ Lien Rights Begin to Expire?
    BY Kathleen M. Morley, Anthony L. Byler

    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 ...

    Pennsylvania
    Attention Pennsylvania Home Builders: The Warranty of Habitability May Extend to Subsequent Purchasers
    BY John A. Greenhall, Jennifer R. Budd

    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 ...

    Mechanics' Liens
    Protecting Supplier Lien Rights in New Jersey – Follow the Money
    BY Anthony L. Byler

    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 ...

    Insurance
    Hurricane Sandy, Issues Relevant to Commercial Landlords and Tenants
    BY Jonathan A. Cass, Marian A. Kornilowicz

    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 ...

    Green Building
    Call For Artists/Sustainability Champions/Green Creators of All Shapes and Sizes
    BY Lane F. Kelman

    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 News & Events
    Precasters’ Opportunities & Liability in Green Projects

    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. ...

    Construction Fraud
    New York U.S. Attorney’s Office Expands Inquiry into Fraudulent Billing Practices

    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 ...

    Contract
    Potential for Design-Build Bidding At the New Jersey Turnpike Authority – What You Need to Know
    BY Jennifer R. Budd, George E. Pallas

    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 ...

    New Jersey
    Measures to Prevent Damages in the Aftermath of Hurricane Sandy
    BY Lane F. Kelman, Jennifer R. Budd

    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 ...

    Pennsylvania
    Philadelphia’s Actual Value Initiative and Homestead Exemption – How to Soften The Blow of Property Tax Increases

    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 ...

    Labor & Employment
    New Gender Equity Notice Requirement for New Jersey Employers

    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 ...

    Cohen Seglias News & Events
    Presentation & Networking Cocktail Reception – Avoiding the Pitfalls in Federal Construction Contracting

    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 ...

    Construction Fraud
    The Check’s In the Mail? In New Jersey, You’d Better Mean It
    BY Robert G. Ruggieri

    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 ...

    Design and Technology
    Electronic Document Retention: How You Are Handling E-Documents Can Be Critical to Your Company’s Survival
    BY Lane F. Kelman

    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 ...

    Bidding
    New Jersey Legislature Considers Permanent Debarment for Contractors Convicted of Fraud in Connection with the Execution of Public Contracts

    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 ...

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