Construction Law Signal - Insights & Information on Current & Emerging Developments affecting the Construction Industry

By: Jennifer M. Horn and Robert Ruggieri

Partner Evan A. Blaker recently joined Cohen Seglias Pallas Greenhall & Furman PC. We sat down with him to discuss his background and his thoughts on the state of the construction industry. Keep reading to learn his interesting backgound and perspective on the industry.

Construction Law Signal: What is your background?

Evan A. Blaker: More recently, over the past 10 years or so, I have concentrated my practice in construction-related claims and disputes in Pennsylvania and New Jersey, with a particular emphasis in representing contractor supply houses. This represented somewhat of a change in my practice focus coinciding with my teaming up with a former associate, Anthony Byler. Tony and I had been at the same firm for several years and eventually left and went in separate directions. During that time, Tony developed a construction law practice that grew to the point where he needed help and called me and asked me join him in what would become Byler & Blaker LLC.

Overall, I have been practicing law as a trial litigator for more than 20 years. Going back to the time immediately after graduating from Temple Law School, I worked as a tax attorney at what was known at the time as Coopers & Lybrand. I started my career at Coopers, in large part, in order to obtain my CPA license, which was important to me as unfinished business since I majored in Accounting as an undergraduate at Drexel University. After getting my CPA license, I left Coopers and began working at a small firm in Cherry Hill, headed by a great trial attorney. It was at that small firm where I met Tony. Since that time, I have handled all types of cases and disputes, from wrongful death to oppressed shareholder claims.

CLS: What is your practice philosophy?

Blaker: My credo is to treat all of my clients as if they were members of my family. And the fact is that I have developed strong friendships with virtually all of my clients. Counseling folks that you consider your friends becomes easy as there is a deeply engrained mutual respect and understanding of the things that matter most in any given scenario. And while I am a proponent of litigation being a last resort, when it does become time to do battle, preparation is key because for me and my competitive nature, losing is simply not an option.

CLS: What strengths do you bring to Cohen Seglias?

Blaker: I have been actively engaged in litigation practice for over 20 years. I know the rules of procedure in Pennsylvania and New Jersey, both Federal and State Courts, like the back of my hand and can effectively utilize them to benefit my clients. There is no substitute for experience, which I bring to the firm.

CLS: What are you looking forward to with the move to the Cohen Seglias Commercial Litigation Group?

Blaker: The move to CSPG&F is exciting on several different fronts. First, I am eager to use the wider CSPG&F platform to provide my existing clients with expertise in areas in which I don’t practice, like transactional work and estate planning. I am also eager to provide my expertise to the firm’s clients as I have been quite successful in what I do.

CLS: If they were asked, what do you think your clients would say about you?

Blaker: My sense is that my clients would have very positive things to say. Things like, “he’s very responsive,”; “when we need him, he’s there and turns things around very timely and efficiently.” It’s funny because you never really know what your clients think or how they perceive you. I guess we assume that if we continue to get work and the bills are getting paid, the client is happy. That said, not too long ago I had the CFO of one of my clients tell me that I should charge more. I don’t think I ever had a client tell me that before that moment. This particular CFO said that my work ethic and work product were far superior to that which he received from the big firm attorneys that his company hired from time to time and whose rates were often double mine. He said that if those rates are the measuring stick, I am the best bargain around. Of course, I didn’t raise my rate or provide any lesser service. I can tell you that having a client tell you that you should increase your rate is something I don’t think I will ever forget.

Evan A. Blaker can be reached at 215.564.1700 or eblaker@cohenseglias.com.

Cohen Seglias is hosting a series of seminars, throughout the Mid-Atlantic region, for regional contractors and trade subcontractors whose work areas span multiple states. The “Crossing Borders” program highlights distinctions in the laws of Pennsylvania, New Jersey, New York, Maryland, Delaware and Virginia as they apply to common issues relating to construction contracts and projects.

The interactive map-based program will include:

• Truths that span borders
• Top ten distinctions to be aware of when crossing state borders
• Major industry trends

If you are a contractor who “crosses borders” to grow your business, you should make time to attend one of these informative programs.

Event Dates and Locations

Join Cohen Seglias Partner Edward Seglias and Senior Associate Jack Graham for the first seminar in the series, on May 18, 2011, in Plymouth Meeting, PA. For full event details or to register please click here.

Please check back often for additional dates and locations.

Join Cohen Seglias Pallas Greenhall & Furman, PC and Karden Construction Services, Inc. for an informative seminar that will be invaluable to contractors conducting business in the current economic climate.

In today's competitive construction market, it is imperative to be aware of your rights before and during construction. In the event that a claim situation arises, your most practical tools are a thorough knowledge of the terms of your construction contract, an organized system of project documentation and a detailed method of tracking project progress and cost.

The seminar, scheduled for March 3rd at Cohen Seglias’ Philadelphia office, will address the following topics:

• Fundamentals of construction contract provisions that impact your claim rights
• Functional strategies for properly and effectively documenting claims
• Utilizing project monitoring of material, labor and progress as a tool for evaluating and proving claims
• Streamlining the documentation of daily events to increase the accuracy and utility of information to support and defend claims

In addition, time has been reserved at the end of the presentation for a networking reception so you can discuss specific issues with our speakers and gain additional knowledge about the topics addressed.

This seminar is a must for public or private owners, construction managers, contractors, subcontractors, architects or any other design professionals involved with project oversight.

 For more information or to register, please click here.

Recent Pennsylvania court decisions have virtually eliminated any insurance coverage under commercial general liability policies for claims brought against general contractors arising from the faulty workmanship of their subcontractors.

Jonathan A. Cass, partner with Cohen Seglias Pallas Greenhall & Furman, PC, recently co-authored an article with Peter Stoll, Jr. and Mary Stoll Walter of The Stoll Agency, Inc. for the December 2010 issue of Construction Executive magazine, titled “Protecting Against Faulty Workmanship Claims” which dealt with this topic. The article discusses how courts in certain states have eliminated insurance coverage for claims arising from the faulty workmanship of subcontractors, and explains how general contractors can use, as an alternative to insurance coverage, performance and maintenance bonds to provide protection against such faulty workmanship claims.

To read the full article, please visit Construction Executive, and for more information please contact Jonathan Cass.

Bob Little has more than 30 years of experience in all facets of federal contracting and recently joined Cohen Seglias Pallas Greenhall & Furman as a partner in the Federal Contracting Group, a move that strengthens the firm’s practice. Bob worked at the Naval Facilities Engineering Command before coming to Cohen Seglias. We recently sat down with Bob and asked him a few questions related to his experience and views of the federal contracting industry.

Q: How did you become interested in working for the Federal government?

A: I grew up in the Hampton Roads area of Virginia, and from an early age, wanted to fly military aircraft. There was only one way to do that - to work for the Federal government. After fulfilling that “dream” with a tour as an Army Aviator in Vietnam, I clerked during law school for the Chief Counsel, at NASA's Langley Research Center and saw the role of the federal acquisition attorney as something that appealed to me. My first job as an attorney was with the Government Accountability Office writing bid protest decisions of the Comptroller General.

Q: Why did you decide to leave a government job for one in the private sector?

A: From my perspective, the more apt question is why did I seek and accept this job that happens to be in the private sector. As I contemplated my immanent retirement, I happened to be speaking to Mike Payne on another matter. Having faced Mike and Joe Hackenbracht in some fairly intense litigation, and having developed a real respect for their advocacy on behalf of their clients, I was pleased when Mike mentioned the possibility of joining the firm. Everything I’ve experienced so far has merely underscored what a good idea it was.

Q: What challenges do you think this new career move will bring?

A: Hopefully none that I haven’t seen before.

Q: What perspective do you bring to your new role, having worked on the other side of the table?

A:I’ve always thought that good lawyering required seeing the validity, if not necessarily agreeing with the legal correctness, of everyone’s perspective. I think my role is not new; just the immediate audience is new.

Q: What has been your biggest career achievement so far?

A: Having a Congresswoman request that a Rear Admiral not listen to my advice in matters involving the use of U.S.-flag vessels and having him listen anyway.

Q: What are you most looking forward to in your new position?

A: Making new friends and keeping old friends.

Q: What are a few hot-button issues currently facing federal contractors?

A: The business of doing government business will become even more decentralized simply because the information age allows it to. For example, you would think that with the Federal Acquisition Regulation (FAR) having been around for as long as it has that there would now be one settled governmental way to do everything, but just the opposite seems to be true. Commercial item contracts can be tailored in ways never imagined 25 years ago, and there’s virtually no guidance. Keeping clients informed on the vicissitudes of the ever-changing acquisition process down to the post, camp and station level is going to be very difficult. I once had a student tell me that trying to use the FAR is like trying to find “knowledge” in the dictionary by looking under “n”. Imagine what it would be like if you didn’t know which dictionary to use.

Q: Where do you think the highest areas of growth in federal contracting will be in the next couple years?

A: Infrastructure - all aspects of it.

Bob can be reached at 215.564.1700 or blittle@cohenseglias.com.