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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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    Compliance
    Beware: New Rigorous Safety Sweeps of NYC Construction Sites to Begin
    BY George E. Pallas

    On February 12, 2016, New York City Mayor Bill de Blasio and New York City Department of Buildings Commissioner Rick Chandler announced a new aggressive campaign to improve worker safety on construction sites. Specifically, commencing next Tuesday, ...

    Cohen Seglias News & Events
    Ignorance is not Bliss: Construction Contract Provisions You Need to Know
    BY Kerstin Isaacs

    On February 11, join Roy Cohen, Ed Seglias, and Jackson Nichols at the Sheet Metal and Air Conditioning Contractors National Association (SMACNA) Mid-Atlantic Chapter in Greenbelt, MD for their presentation, “Ignorance is not Bliss: ...

    Project Management
    OSHA Continues Delayed Enforcement of Confined Space Standard for Residential Contractors

    As we discussed last summer, the Occupational Safety and Health Administration (OSHA) issued a new Confined Space in Construction Standard, which went into effect on August 3, 2015 and required heightened training, continuous worksite evaluations ...

    Contract
    Ignorance is not Bliss: Construction Contract Provisions You Need to Know
    BY Kerstin Isaacs

    On January 21, 2016, Please join us for Ed Seglias and Jason Copley‘s seminar, “Ignorance is not Bliss: Construction Contract Provisions You Need to Know,” for the General Building Contractors Association (GBCA) in Philadelphia, ...

    Contract
    To Be or Not to Be in Arbitration? That is the Question
    BY Anthony L. Byler

    Arbitration has become a very common and effective way to resolve construction disputes in lieu of traditional litigation, and it is easy to understand why: The parties can select arbitrators with construction expertise who speak their language and ...

    Bonds
    Carpenters’ Company Master Builder Dialogues: Building the Buildings of the Future
    BY Kerstin Isaacs

    Please join us tomorrow, 11/4, for Shawn Farrell‘s presentation “Construction Disputes: Lessons Learned” at the Carpenters’ Company of City and County of Philadelphia’s Master Builder Dialogues. Shawn Farrell has ...

    Pennsylvania
    Which Design-Build Contract is Right for You & Your Projects? – DBIA – AIA – CONSENSUS DOCS – EJCDC?
    BY Kerstin Isaacs

    Please join us for Ed Seglias‘ presentation at the Design-Build Institute of America Tri-State Chapter Inaugural Event on October 6, 2015 in Philadelphia. Ed and Kevin Peartree of Ernstrom & Dreste will discuss and compare form contracts ...

    Contract
    West Virginia Government Contractors Must Continue to Work While Awaiting Approval of a Change Order
    BY Lisa M. Wampler, Lori Wisniewski Azzara

    In late July, the West Virginia Purchasing Division of the Department of Administration issued an “emergency rule” that exempts construction contracts from a new law regarding change order approval. This new law, which went into effect ...

    Real Estate
    Disparate Impact is Here to Stay: What the Supreme Court’s Decision Means for the Multi-Family Industry

    On June 25, 2015, Justice Kennedy delivered the Supreme Court’s decision in Texas v. Inclusive Communities Project.  In the case, the Court determined that the Fair Housing Act of 1968 includes disparate impact claims.  Prior to Texas v. ...

    Business
    U.S. Department of Labor Issues New Guidance on Misclassification of Employees as Independent Contractors
    BY Jonathan Landesman

    The U.S. Department of Labor (DOL) issued guidance on July 15 aimed at curbing the misclassification of employees as independent contractors.  The guidance provides several examples of workers in the construction industry.  It is now clear that ...

    OSHA
    OSHA’S New Rule Increases Protection to Construction Workers in Confined Spaces

    Last month, the Occupational Safety and Health Administration (OSHA) added a new rule that provides increased protections to those working in confined spaces on construction projects.  The new rule, which goes into effect on August 3, 2015, applies ...

    Pennsylvania
    Pennsylvania Supreme Court Clarifies Applicability of Contractor and Subcontractor Payment Act

    Last week, the Supreme Court of Pennsylvania  issued a decision which has important consequences for all members of the construction industry involved with public works projects. In Clipper Pipe & Service, Inc. v. The Ohio Casualty Insurance ...

    Bidding
    New Jersey Supreme Court to Consider Important Public Bidding Case – Practical Considerations for Contractors
    BY George E. Pallas

    In April, the New Jersey Supreme Court agreed to review the case of Waste Management of New Jersey, Inc. v. Mercer County Improvement Authority.  The matter concerns a defect in a bid submitted under the New Jersey Public Contracts Law ...

    West Virginia
    New Prevailing Wage Law in West Virginia

    This month, West Virginia Governor Earl Ray Tomlin signed Senate Bill 361, which significantly adjusts the state’s calculation of prevailing wages to establish an amount more reflective of actual earnings in regions across the state.  As ...

    Mechanics' Liens
    2014 A Busy Year for Pennsylvania Mechanics’ Lien Law: More New Changes Take Effect
    BY Jason A. Copley

    When it comes to the Pennsylvania Mechanics’ Lien Law (Lien Statute), the Pennsylvania legislature was quite active in 2014.  In July, Governor Corbett signed into law certain changes to the Lien Statute affecting residential lien rights and ...

    Infrastructure
    What We Can Learn from PennDOT’s Award of the First Rapid Bridge Replacement P3 Project
    BY Anthony L. Byler

    Background In the first significant public private partnership (“P3”) infrastructure project in Pennsylvania, PennDOT recently selected Plenary Walsh Keystone Partners (“Plenary Walsh”) for award of the Rapid Bridge ...

    Business
    Crisis Management: Are You Ready for the BIG Surprise?

    Having designated legal counsel is critical to any comprehensive crisis management strategy. Whether you are in pre-crisis, crisis or post-crisis—having an attorney involved in your decision-making process can be the difference between surviving ...

    Consumer Protection
    New Changes to Pennsylvania Mechanics’ Lien Law Take Effect
    BY Jason A. Copley

    On July 9, 2014, Pennsylvania Governor Tom Corbett signed a bill (S.B. 145) into law that amends the Pennsylvania Mechanics’ Lien Law of 1963 (the “Lien Law”). The new law took effect on September 8, 2014 and affects subcontractor ...

    Bonds
    Amendments to Ohio P3 Legislation Add Bonding Requirements with a Twist

    It is no secret within the construction industry that public-private partnership (P3) project delivery has recently become all the rage.  The demand for infrastructure repairs and improvements is high, and the public dollars needed to fund them are ...

    Federal
    Schuylkill Products: Important Lessons and Reminders about the Power of the False Claims Act

    By: Jennifer M. Horn, Daniel E. Fierstein and Katherine Tohanczyn As many federal government contractors know, the False Claims Act (FCA) is a tool used by the federal government to deter fraud. Those found to have knowingly submitted false ...

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