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Construction Law Signal

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

Category Archives: Construction

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Adams v. Hellings Builders, Inc.: PA Superior Court holds that a homebuilder can be liable for representations made in its promotional materials

Posted in Construction, Construction Fraud, Pennsylvania
Home RenovationIn Pennsylvania, it is well-established that a homeowner can assert claims for fraud and violation of Pennsylvania’s consumer protection statute – the Unfair Trade Practices and Consumer Protection Law (“UTPCPL”) – against a contractor based upon the contractor’s representations, even absent any contractual relationship between the homeowner and the contractor. Essentially, where a contractor makes… Continue Reading

New York Case Reminds Us That Some Courts Take Notice Provisions Very Seriously

Posted in Construction, Contract, New York
A New York appellate court issued a decision in 2016 that serves as an important reminder to all tiers of the construction industry: courts take the notice provisions in your construction contracts very seriously. In the Schindler Elevator Corp. v. Tully Const. Co., Inc. case, the Appellate Division dismissed a subcontractor’s claim in its entirety… Continue Reading

A Deal on New Jersey's Transportation Trust Fund: What Does it Mean for Affected Contractors?

Posted in Construction, New Jersey, Transportation
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. Governor Chris Christie and the legislature agreed to a  compromise whereby the TTF will be reauthorized for eight years and funded… Continue Reading

Construction Executive Boot Camp 2016 - Interactive Panel Discussion and Cocktail Networking Event

Posted in Cohen Seglias News & Events, Construction, Insurance
Construction Executive Bootcamp logoAre you a construction company owner, CFO, controller, or lead estimator involved in the bidding process? On October 13th, join construction industry leaders, Bill Burke, Jason Copley, David Kane, and Anthony Stagliano, for a hands-on seminar, providing insights into effective strategies to maximize your profitability through innovative insurance, surety, legal, and accounting perspectives. To register,… Continue Reading

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

Posted in Construction, Contract
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 rights, it can wake up near the end of the project only to find that… Continue Reading

NJ Supreme Court Gets it Right! Consequential Damages Caused by a Subcontractor's Defective Construction Work is Insured

Posted in Construction, Insurance, New Jersey
[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 damage at issue occurred after the project was completed.  The insurance coverage at issue in the case… Continue Reading

State Budget Problems Threatening Public Construction Projects: 5 Key Points to Remember

Posted in Construction, New Jersey, Pennsylvania
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, causing companies and non-profit grant recipients who had contracts with the Commonwealth to suspend their services or… Continue Reading

5 Simple Ways Construction Companies Can Reduce E-Discovery Costs

Posted in Construction, Litigation
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 litigation expenses helps eliminate cost as a barrier to a favorable outcome. One area ripe for such measures is… Continue Reading

$113M in Construction Financing Approved for One of Washington D.C.'s Most Ambitious Projects – the "Wharf"

Posted in Construction, District of Columbia, Real Estate
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 project’s developers, will use the financing to pay for the construction of two new hotels, the 175-room Canopy… Continue Reading

Lights Out for Maryland's Power Plant Construction Subsidy Program

Posted in Construction, Energy, Maryland
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 country. In Hughes v. Talen Energy Marketing, LLC, the Court unanimously struck down a Maryland regulatory… 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

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

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

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

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

Posted in Business, Construction, Labor & 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