Construction Law Signal

Construction Law Signal

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

Category Archives: Litigation

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Contractor Payment Rights on Public Projects affected by PA Supreme Court Decision

Posted in Litigation, Pennsylvania, Prompt Payment Act
Contractors doing work on publicly-owned projects in Pennsylvania may find it more difficult to recover statutory penalties and attorneys’ fees if the owner withholds funds in bad faith. Pennsylvania’s Procurement Code, which governs bidding on public projects and payment to prime contractors and subcontractors, is intended to “level the playing field” between government and contractor. Similar,… Continue Reading

It's Good to be King: Time to File a Lawsuit Does Not Run Against the Pennsylvania Government

Posted in Litigation, Pennsylvania
In the recent case of Township of Salem v. Miller Penn Development, LLC, the Pennsylvania Commonwealth Court invoked the often overlooked doctrine of nullum tempus occurrit regi. Read literally as “time does not run against the king,” as a general rule, nullum tempus allows the Pennsylvania state government or agencies to sue government contractors at… 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