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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
    PA Construction Notices Directory Goes Live December 31, 2016
    BY Jason A. Copley, Lisa M. Wampler

    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 ...

    Transportation
    A Deal on New Jersey’s Transportation Trust Fund: What Does it Mean for Affected Contractors?
    BY Shawn R. Farrell, Jennifer R. Budd

    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. ...

    Labor & Employment
    Federal Judge Blocks DOL Overtime Rule
    BY Marc Furman

    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 ...

    Contract
    The Early Contractor Gets the Worm: The Active Process of Preserving Construction Claims

    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 ...

    Insurance
    NJ Supreme Court Gets it Right! Consequential Damages Caused by a Subcontractor’s Defective Construction Work is Insured
    BY Jonathan A. Cass, Rene David Quinlan

    [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 ...

    Cohen Seglias News & Events
    FREE Two-Day OSHA 10 Safety Training

    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 ...

    Litigation
    Contractor Payment Rights on Public Projects affected by PA Supreme Court Decision
    BY Lane F. Kelman, Matthew Gioffre

    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 ...

    New Jersey
    State Budget Problems Threatening Public Construction Projects: 5 Key Points to Remember
    BY Jennifer R. Budd

    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, ...

    Litigation
    It’s Good to be King: Time to File a Lawsuit Does Not Run Against the Pennsylvania Government
    BY Evan A. Blaker

    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 ...

    Construction
    5 Simple Ways Construction Companies Can Reduce E-Discovery Costs
    BY John A. Greenhall

    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 ...

    Real Estate
    $113M in Construction Financing Approved for One of Washington D.C.’s Most Ambitious Projects – the “Wharf”

    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 ...

    Energy
    Lights Out for Maryland’s Power Plant Construction Subsidy Program
    BY Jason A. Copley

    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 ...

    Business
    Does your Employee Handbook stand up to the Supreme Court’s latest decision about accommodations for pregnant workers?
    BY Marc Furman

    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 ...

    Labor & Employment
    Attention Philadelphia Employers: New and Important Changes to the “Ban The Box” Law
    BY Jonathan Landesman

    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 ...

    Maryland
    Maryland Approves P3 Contract for Purple Line Light Rail Project

    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 ...

    Business
    Real Estate 101: Knowing Your Property Value and Challenging Your Tax Assessment

    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 ...

    Contract
    Can a Contractor Sue a Design Professional Without a Contract? Not in Maryland
    BY Steven M. Williams

    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, ...

    Compliance
    Attention Philadelphia Contractors: Do You Comply with OSHA Training and Supervision Requirements?
    BY Jonathan A. Cass

    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 News & Events
    Lisa Wampler Named Managing Partner of Cohen Seglias’ Pittsburgh Office
    BY Kerstin Isaacs

    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 ...

    Design and Technology
    Up in the Air: Drones and the Future of the Construction Job Site
    BY Edward Seglias, Robert J. O’Brien

    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 ...

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