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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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    Maryland
    For Subcontractors Filing Mechanics’ Liens in Maryland: Clarification of “Owner”

    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 ...

    Contract
    The Third Circuit Weighs In On Pay-If-Paid/Pay-When-Paid Clauses

    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. ...

    Compliance
    Delaware Construction Legislation Stalls in the Senate

    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 ...

    Cohen Seglias News & Events
    We Need Technology to Boost Our Traffic Management
    BY Robert G. Ruggieri

    “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 ...

    Pennsylvania
    Pennsylvania Adopts New Fair Share Act that Limits Joint Liability in Negligence Actions

    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, ...

    Energy
    Too Much of a Good Thing Damages the Value of Solar Certificates in Pennsylvania and New Jersey

    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 ...

    Home Improvement
    For Contractors Performing Home Improvements In New Jersey: The Consumer Fraud Act Applies

    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 ...

    Bidding
    PA High Court Restricts PennDot’s Design-Build Best Value Bid Procurement
    BY Robert G. Ruggieri

    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 ...

    Green Building
    Maryland’s Adoption of the International Green Construction Code Raises More Questions Than Answers

    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 ...

    Bidding
    For Contractors Bidding on Public Jobs in NJ: Court Clarifies “Aggregate Rating”

    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 ...

    Labor & Employment
    Use of Inflatable Rats by Unions Found Acceptable by NLRB

    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 ...

    Energy
    New Jersey Considering Leasing Portions of the Continental Shelf to Wind Power Developers

    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 ...

    Green Building
    Philadelphia Zoo Breaks Ground on First LEED Rated Building
    BY Robert G. Ruggieri

    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 ...

    Mechanics' Liens
    Update on PA House Bill 1602: Proposed Legislative Changes to Pennsylvania’s Mechanic’s Lien Law

    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 ...

    Design and Technology
    World’s First BIM Claim

    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 ...

    Mechanics' Liens
    Pennsylvania Superior Court Permits Mechanic’s Lien Claim For Excavation Work Despite Cancellation of Project

    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 ...

    Pennsylvania
    Philadelphia Water Department Storm Water Management Rate Changes: How the New Structure Could Impact your Business
    BY Lonny S. Cades

    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
    Update on House Bill 377 – Residential Sprinkler Law Repealed
    BY Steven M. Williams

    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 ...

    Jobs
    Mid-Atlantic Construction Update

    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
    Maryland Becomes the First State to Fully Adopt the International Green Construction Code
    BY Lane F. Kelman

    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 ...

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