Construction Law Signal

Construction Law Signal

Insights & Information on Current & Emerging Developments affecting the Construction Industry

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Attention Philadelphia Employers: New and Important Changes to the "Ban The Box" Law

Posted in Labor and Employment, Pennsylvania
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 recent changes that went into effect on March 14, 2016 are anything but. Our firm will be getting into the details of… Continue Reading

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

Posted in Business, Pennsylvania, Real Estate, Tax
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 Office. What should you do if that letter indicates that your property is worth about a half-million dollars more than your appraisal… Continue Reading

Can a Contractor Sue a Design Professional Without a Contract? Not in Maryland

Posted in Contract, Design and Technology, Maryland
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, without a contract in place, someone sues another for purely financial losses… Continue Reading

Attention Philadelphia Contractors: Do You Comply with OSHA Training and Supervision Requirements?

Posted in Compliance, Construction
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 April 1, 2016. Under the new regulations, all contractors and employees (including subcontractors) performing construction or… Continue Reading

Lisa Wampler Named Managing Partner of Cohen Seglias' Pittsburgh Office

Posted in Firm News, Lisa Wampler
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 growth of our construction practice in Pittsburgh. She has proven leadership skills and continues to be a great ambassador for the… Continue Reading

Up in the Air: Drones and the Future of the Construction Job Site

Posted in Construction
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 network. The physical design utilizes four to eight rotary blades, which allow for fluid vertical movement and aerial… Continue Reading

Beware: New Rigorous Safety Sweeps of NYC Construction Sites to Begin

Posted in Compliance, Construction, New Jersey, New York
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, February 16, rigorous safety sweeps of constructions sites ten stories or less are expected to be performed. Doubtlessly,… Continue Reading

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

Posted in Contract, D.C., Events, Liens
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: Construction Contract Provisions You Need to Know.” They will discuss provisions that allocate risk for different site conditions, and examine contract provisions addressing payment, indemnity, change… Continue Reading

OSHA Continues Delayed Enforcement of Confined Space Standard for Residential Contractors

Posted in Construction, Project Management
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 and communication for all construction workers performing work in manholes, crawl spaces, tanks and other confined spaces not intended for… Continue Reading

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

Posted in Construction, Contract
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, PA. This seminar will focus on key provisions in the standardized contract forms that often affect the risks and outcomes on a typical commercial… Continue Reading

To Be or Not to Be in Arbitration? That is the Question

Posted in Construction, Contract
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 are more likely to understand complex construction issues than a general court of law. Arbitrations are characteristically… Continue Reading

Carpenters' Company Master Builder Dialogues: Building the Buildings of the Future

Posted in Bond, Contract, Liens, Pennsylvania, Project Management
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 over 20 years of experience litigating construction disputes, and will share the lessons he learned to demonstrate how an effective project management team can identify and manage the risks… Continue Reading

West Virginia Government Contractors Must Continue to Work While Awaiting Approval of a Change Order

Posted in Construction, Contract, Lisa Wampler, Lori Azzara, West Virginia
Construction change orderIn 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 on July 1, originally required that all change orders be approved by the Purchasing Division and the Attorney General… Continue Reading

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

Posted in Real Estate
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. Inclusive Communities Project, nine of the twelve federal Courts of Appeals had ruled that the Act encompassed… Continue Reading

U.S. Department of Labor Issues New Guidance on Misclassification of Employees as Independent Contractors

Posted in Business, Construction, Labor and Employment
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 the DOL is bent on targeting contractors and subcontractors.  If you have mechanics, installers, estimators, or any workers… Continue Reading

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

Posted in Construction
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 to manholes, crawl spaces, tanks and other confined spaces not intended for continuous occupancy that are located… Continue Reading

Pennsylvania Supreme Court Clarifies Applicability of Contractor and Subcontractor Payment Act

Posted in Pennsylvania, Prompt 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 Co., the Court held that the Contractor and Subcontractor Payment Act (CASPA), which is a statute that addresses… Continue Reading

New Jersey Supreme Court to Consider Important Public Bidding Case – Practical Considerations for Contractors

Posted in Bidding, New Jersey
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 (“LPCL”).  This case proves, yet again, that it is critical to pay close attention not… Continue Reading

7th Annual Labor & Employment Law Seminar

Posted in Firm News, Labor and Employment, Pennsylvania
Join Cohen Seglias’ Labor & Employment Group for a seminar on cutting edge labor and employment law issues impacting your business.  Featuring speakers Marc Furman, Jonathan Landesman, Steven Williams, Christopher Carusone and Mark Leavy, the team will present on April 28th at the Union League in Philadelphia, May 5th at the Hershey Country Club and… Continue Reading

2014 A Busy Year for Pennsylvania Mechanics' Lien Law: More New Changes Take Effect

Posted in Liens, Pennsylvania
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 lien priority.  We previously covered these changes. On October 14, 2014, Governor Corbett signed into law additional changes… Continue Reading

What We Can Learn from PennDOT's Award of the First Rapid Bridge Replacement P3 Project

Posted in Infrastructure, Pennsylvania
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 Replacement program. Under the P3 agreement, Plenary Walsh is required to demolish 558 bridges in various states of disrepair throughout Pennsylvania and to construct new bridges in… Continue Reading

Crisis Management: Are You Ready for the BIG Surprise?

Posted in Business, Consumer Protection, Pennsylvania
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 or even thriving in a crisis and having a crisis disrupt your business or derail your career permanently. How can your attorney… Continue Reading

Best Practices in Construction Webinar

Posted in Compliance, Contract, Federal, New Construction, Small Business
On December 3, Jennifer Horn and Maria Panichelli presented the second webinar in their core construction curriculum series for Women Impacting Public Policy and Give Me 5%. The presentation, entitled “Best Practices in Construction,” covered suggested best practices for before, during, and after conclusion of a construction project, in the context of both state and… Continue Reading

Webinar on Federal Acquisition Regulations and Federal Procurement for WIPP and Give Me 5%

Posted in Small Business
On November 12, Jennifer Horn and Maria Panichelli presented the first webinar in their core construction curriculum series on the Federal Acquisition Regulations and Federal Procurement for Women Impacting Public Policy and Give Me 5%. The presentation covered the bidding process for both sealed bidding and negotiated procurement. Improve your understanding of FAR and its… Continue Reading