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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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    Mechanics' Liens
    Definition of “subcontractor” in Pennsylvania Mechanics’ Lien Law Given Liberal Interpretation by Pennsylvania Superior Court

    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 ...

    Green Building
    Philadelphia and Pittsburgh Among the Top Cities to Employ Green Infrastructure to Address Stormwater Challenges
    BY Lori Wisniewski Azzara

    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 ...

    Labor & Employment
    Mayor Nutter Signs a Pro-Project Labor Agreement Executive Order for Philadelphia Public Building Projects
    BY Robert G. Ruggieri, Marc Furman

    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 ...

    Pennsylvania
    What’s in a Name? Pennsylvania Decennial Filing Deadline -December 31, 2011
    BY Marian A. Kornilowicz

    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 ...

    Labor & Employment
    New Jersey Employer Alert: New Posting Requirement Effective November 7, 2011

    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 ...

    Contract
    Unlicensed Subcontractor’s Claim Against General Contractor Valid

    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 ...

    Pennsylvania
    Construction Trust Funds Act Introduced to Pennsylvania Senate
    BY Lori Wisniewski Azzara

    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 ...

    Pennsylvania
    PA Court Deems PennDot’s Design-Build Best-Value Bid Procurement Illegal

    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 ...

    Infrastructure
    President Obama Selects 14 Infrastructure Projects for Fast-Track

    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 ...

    Labor & Employment
    NEW UPDATE: Employers Catch A Break With Postponement of Employee Rights Notice Requirement

    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. ...

    Labor & Employment
    Update: National Labor Relations Board Releases Employee Rights Poster

    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 ...

    Design and Technology
    Are Tablet Computers Taking Over the Construction Site?

    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 ...

    Contract
    The Perils of Contracting with Public Entities in Maryland
    BY Robert G. Ruggieri

    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 ...

    Jobs
    New $44M Cancer Center to Break Ground in Lancaster, PA

    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 ...

    Energy
    Proposed Legislation to Address Decreased Value of Solar Renewable Energy Credits In New Jersey

    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 ...

    Labor & Employment
    National Labor Relations Board to Require Employers to Post Employee Rights Notice

    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, ...

    Pennsylvania
    What if the Earthquake had Struck in Philadelphia?

    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 ...

    Design and Technology
    New Technology Launched to Monitor Heat Risks

    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 worksites in order to prevent heat-related ...

    Mechanics' Liens
    Questions about the Impact of Sloan v. Liberty Mutual

    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 ...

    Labor & Employment
    What Employers Can Ask About Criminal Backgrounds during the Hiring Process

    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 ...

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