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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 Supreme Court Decides Bricklayers Case: Unions No Longer Have Mechanics’ Lien Rights in Pennsylvania

    As we first reported back in January of 2012, the Pennsylvania Superior Court issued a decision in Bricklayers of Western Pennsylvania Combined Funds v. Scott’s Development Co. that significantly changed the meaning of the Pennsylvania ...

    Contract
    Contractors Beware: Doing Change Order Work for School Districts Without Proper Approval May Waive Future Claim for Payment

    While by no means a recent law, Section 508 of the Pennsylvania Public School Code, 24 P.S. § 5-508, is becoming one that school districts are repeatedly relying upon to avoid paying contractors for work performed outside the original scope of ...

    Pennsylvania
    Supreme Court’s Pass on Berks Products Impacts PA Contractors
    BY Jason A. Copley

    Counterintuitive as it may seem, courts can exert significant influence by deciding not to consider a case. The Supreme Court of Pennsylvania did just that on April 1, 2014 when it decided not to consider an appeal in the Berks Products Corp. v. ...

    Mechanics' Liens
    Messy Solar Construction Litigation Sheds a Little Light on the Intersection of New Jersey Lien Statutes and Public Private Partnership

    A recent case before the Appellate Division of the Superior Court of New Jersey (Morris County Improvement Authority and Somerset County Improvement Authority v. Power Partners Mastec, LLC) involving solar construction has shed light (pun intended) ...

    Business
    The Consequences To A Contractor: The Case Of A Harsh On-Line Review

    Forums like Angie’s List, Yelp, or even Yahoo Community Listserves allow homeowners and other contractor clients to recommend a contractor for a job well done. Just as often, however, disgruntled clients use these venues to vent about shoddy ...

    Bonds
    Want to Appeal a Bid Protest Decision Involving A Maryland State Contract? If New Legislation Becomes Law, You May Have to Pay to Play . . .

    New Proposed Legislation Would Require Bond: If House Bill 1488 becomes law in Maryland, bid protesters of state contracts appealing a decision to the Maryland Board of Contract Appeals would be required to simultaneously submit a “protest ...

    Maryland
    Maryland Shortlists Teams on Purple Line P3 Rail Project

    The Maryland Department of Transportation/Maryland Transit Administration (MDOT/MTA) recently announced that four of the six teams that submitted qualification statements will be permitted to submit proposals to design, build, finance, operate, and ...

    Pennsylvania
    Pennsylvania Issues Request for Qualifications for Rapid Bridge Replacement P3

    In the wake of the significant transportation funding legislation passed at the end of November 2013, Pennsylvania’s Department of Transportation wasted no time issuing a request for qualifications (“RFQ“), seeking statements of ...

    Insurance
    New Permitting and Licensure Requirements Take Effect in Philadelphia

    As we reflect upon the past year, few in the Delaware Valley will forget the fateful day in June when a building located at 22nd and Market Streets collapsed in the midst of demolition work performed by contractor Griffin Campbell, which claimed six ...

    Green Building
    Renewable Energy Construction: Moving into Federal Buildings

    In recent years, concepts such as “green construction” and “renewable energy” seem to have become almost commonplace. In what is perhaps an effort to lead the world by example in these areas, President Barack Obama recently ...

    Pennsylvania
    Home Inspector Liability: Home Owners Should Inspect Their Inspectors and Their Contracts

    Owning a home can be an immensely rewarding experience, the keystone of the American Dream. Buying a home, however, can be an immensely complicated experience fraught with risks. Before taking the plunge into homeownership, it is important for a ...

    Pennsylvania
    Primer on Mechanics’ Liens and Bond Claims

    Jennifer Horn of Cohen Seglias is participating in the upcoming PBI construction seminar Primer on Mechanics’ Liens and Bond Claims – Everything you need to know about Pennsylvania Mechanics Lien Law after Bricklayers The seminar will ...

    Green Building
    GREENBUILD 2013: EXHIBITORS AND ATTENDEES LEAVE PHILADELPHIA RE-ENERGIZED
    BY Lane F. Kelman, Jennifer R. Budd

    As the Greenbuild 2013 posters, web cafés and stages are removed from the Convention Center in Philadelphia, attendees and exhibitors from across the country have been reenergized in thinking about green building, sustainability and resiliency. ...

    Maryland
    Consumer Protection
    Homeowners Affected by Stucco Defects Should Watch This Pennsylvania Supreme Court Case

    Unfortunately, dealing with the serious and often financially debilitating issues related to defective stucco is nothing new to many Pennsylvania homeowners. In addition to repairing defective work, a homeowner’s status as a first purchaser of ...

    New York
    How Pay if Paid Provisions are Treated in the Empire State

    By: Joyce J. Sun and Peter Plevritis As a contractor or subcontractor, timely receipt of payment can be the difference between continuing to grow your company and closing its doors. Because of this, contractors and subcontractors will frequently try ...

    Pennsylvania
    PA’s Right to Know Law: An Overlooked Weapon On Public Construction Projects

    The phrase “knowledge is power,” like most clichés, proves true more often than not – especially on construction projects where the status and amount of payments, terms of written agreements, and the content of project documents are ...

    Maryland
    ABA Forum on the Construction Industry Fall Meeting Delivers on Public-Private Partnerships

    Last week, the construction law section of the American Bar Association held its annual Fall Meeting. The program, held in Washington, DC, was entitled “Capital Projects: P3s, Design-Build, and Beyond.” The ABA Forum on the Construction ...

    Maryland
    Is BIM Worth it? Discover the Benefits and Risks

    Risk is unavoidable. It doesn’t matter what part of a project you are involved in or if you are the architect, engineer or contractor. What does matter is having a plan because risk management brings value to your company’s work and the ...

    New Jersey
    Recent New Jersey Supreme Court Case Drastically Affects Mediation: What You Need to Know
    BY Anthony L. Byler, Kathleen M. Morley

    In the construction industry, mediation has become an extremely popular vehicle for resolving disputes that develop during and after projects. It is particularly appealing because (i) it can provide an early opportunity for the parties to resolve a ...

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