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    Construction Law Now Blog

    Blog Category: State

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    Construction Fraud
    The Check’s In the Mail? In New Jersey, You’d Better Mean It
    BY Robert G. Ruggieri

    Separate but commonly owned or related companies are common place in the construction industry. It is also common for contractors to get squeezed by late or nonpaying owners and/or subcontractors demanding payment for work performed. A recent case ...

    Delaware
    Update Regarding House Bill 109 – For Delaware Construction Projects, Legislature Overrides Choice of Law and Venue Provisions In Some Construction Contracts

    By: Scott T. Earle and Jennifer M. Horn The recently passed and amended Delaware House Bill 109 (“HB 109”) has important implications for anyone concerned with construction law in Delaware. According to amended HB 109, any provision in a ...

    Pennsylvania
    Gist of the Action Doctrine Gains Traction in Pennsylvania

    By: Jennifer M. Horn The “Gist of the Action” Doctrine may bar plaintiffs from asserting tort-based claims, such as fraud, where the “gist” of the lawsuit is the breach of a contract. Although the Pennsylvania Supreme Court has not yet ...

    Mechanics' Liens
    Getting One’s Priorities Straight: Bank vs. Contractor – PA Case Could Have A Significant Impact

    By: Daniel E. Fierstein and Jennifer M. Horn Banks do not typically loan money if they can not be assured “priority” status over any other encumbrances that may arise. “Priority” in this context refers to the order in which various ...

    Energy
    Philadelphia Now Requires Commercial Energy and Water Use Reporting
    BY Lori Wisniewski Azzara

    By: Lori Wisniewski Azzara and Robert G. Ruggieri Philadelphia City Counsel recently passed Bill No. 120428-A, which amends Chapter 9-3400 of The Philadelphia Code, to establish a system of benchmarking and reporting energy and water usage data for ...

    Labor & Employment
    Pennsylvania Now Requires E-Verify on Public Work

    By Mark J. Leavy and Marc Furman On July 5, 2012, Pennsylvania Governor Tom Corbett signed into law the Public Works Employment Verification Act. The law will take effect January 1, 2013. The law requires contractors and subcontractors on “public ...

    Pennsylvania
    Pennsylvania Law Amends the Landlord and Tenant Act
    BY Steven M. Williams

    By: Steve Williams Pennsylvania now has a law that prescribes how landlords must handle a tenant’s abandoned property in certain circumstances. Senate Bill 887 was signed into law by Governor Corbett on July 5, 2012 (as Act 129-2012), becomes ...

    Infrastructure
    Pennsylvania Passes Public-Private Partnership (P3) Law

    By: Jason C. Tomasulo Governor Corbett recently signed legislation to encourage the financing and investment by private industry aimed at addressing Pennsylvania’s aging infrastructure needs, lack of adequate funding, and anticipated growing ...

    Contract
    Pennsylvania Court Finds That Use of a Subcontractor’s Bid Does Not Create a Contract
    BY Robert G. Ruggieri

    By: Robert J. O’Brien and Robert G. Ruggieri In a matter of first impression in Pennsylvania, the Commonwealth Court in Ribarchak v. Municipal Authority of the City of Monongahela recently addressed the issue of whether the use of a ...

    Cohen Seglias News & Events
    Building a Sustainable Business: Managing Risks and Reaping Rewards in Green Building – Upcoming Event
    BY Jonathan A. Cass, Lane F. Kelman

    Green building is more popular than ever, and achieving LEED certification for projects is a mark of distinction. Construction companies and developers need to understand how they can effectively manage the risks and reap the rewards of these ...