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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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    Delaware
    Update Regarding House Bill 109 – For Delaware Construction Projects, Legislature Overrides Choice of Law and Venue Provisions In Some Construction Contracts

    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 ...

    Pennsylvania
    Gist of the Action Doctrine Gains Traction in Pennsylvania

    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 ...

    Mechanics' Liens
    Getting One’s Priorities Straight: Bank vs. Contractor – PA Case Could Have A Significant Impact

    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 ...

    Energy
    Philadelphia Now Requires Commercial Energy and Water Use Reporting
    BY Lori Wisniewski Azzara

    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 ...

    Labor & Employment
    Pennsylvania Now Requires E-Verify on Public Work

    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 ...

    Pennsylvania
    Pennsylvania Law Amends the Landlord and Tenant Act
    BY Steven M. Williams

    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 ...

    Infrastructure
    Pennsylvania Passes Public-Private Partnership (P3) Law

    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 ...

    Consumer Protection
    On a Construction Site: Think Before You Speak
    BY Kathleen M. Morley

    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 ...

    Contract
    Pennsylvania Court Finds That Use of a Subcontractor’s Bid Does Not Create a Contract
    BY Robert G. Ruggieri

    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 ...

    Green Building
    2012 International Green Construction Code Released
    BY Lori Wisniewski Azzara

    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 ...

    Jobs
    Green Jobs Account For 2.4% Of Employment In 2010
    BY Lori Wisniewski Azzara

    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 ...

    Cohen Seglias News & Events
    Building a Sustainable Business: Managing Risks and Reaping Rewards in Green Building – Upcoming Event
    BY Jonathan A. Cass, Lane F. Kelman

    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 ...

    Bonds
    Virginia Shortens Sub-subcontractors’ Time to Provide Notice on Public Payment Bond Claims

    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. ...

    Cohen Seglias News & Events
    Q&A with Evan A. Blaker
    BY Robert G. Ruggieri

    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 ...

    Labor & Employment
    Supreme Court Limits Prevailing Wage Obligations In Mixed-Funding, Multi-Phase Construction Projects

    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 ...

    Contract
    Primer Piece – “No Damage for Delay” Clauses

    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” ...

    Contract
    Breaking Bad: Top Signs That The Subcontractor Is In Trouble

    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 ...

    Green Building
    LEED-Certified Existing Buildings Surpass New Construction
    BY Lori Wisniewski Azzara

    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 ...

    Maryland
    Montgomery County, Maryland Changes Aimed at Facilitating Construction

    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 ...

    Maryland
    Q&A with Maryland Construction Network’s Founder, Rob Bertazon

    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 ...

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