Construction Law Signal

Construction Law Signal

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

Tag Archives: Contract

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

Can I File a Mechanics' Lien on a Building that was Never Built? Maybe...

Posted in Daniel Fierstein, Jennifer Horn, Liens
The Backdrop Since the Recession of 2008, the story of the construction project that fell through shortly after breaking ground has repeated itself far too frequently.  In too many of these situations, financing dries up, leaving owners without project funds to pay general contractors and general contractors without funds to pay early-phase subcontractors who have… Continue Reading

Will Pennsylvania Get It's Own Version of the False Claims Act?

Posted in Contract, Edward DeLisle, Pennsylvania
Law360, an on-line publication, has reported that two Pennsylvania  Democrats, Rep. Brendon Newman (D – Washington) and  Rep. Anthony DeLuca (D – Allegheny), are preparing to introduce legislation that may bring the False Claims Act (FCA) to the Commonwealth.  Twenty-nine  (29) states currently have their own version of the FCA, which has been used with much… Continue Reading

Contractual Notice Provisions: Read Them, Understand Them, and Follow Them

Posted in Contract, Daniel Fierstein
One of the most commonly overlooked yet critically impactful provisions of a construction contract is a notice provision.  In their most typical form, a contractual notice provision will require contractors to provide written notice to their customers to advise them of critical project issues (e.g., delays and claims for extra work) that may require additional… Continue Reading

Potential for Design-Build Bidding At the New Jersey Turnpike Authority - What You Need to Know

Posted in Contract, Daniel Fierstein, Design and Technology, George Pallas, Jennifer Budd, New Jersey
By: Jennifer R. Budd and George E. Pallas A bill allowing the New Jersey Turnpike Authority (“NJTA”) to enter into design-build contracts has been introduced in the New Jersey Assembly (A1561) and the Senate (S1211). The NJTA is the entity charged with maintaining and implementing capital improvements on the New Jersey Turnpike and the Garden State… Continue Reading

Delaware Supreme Court Confirms That Sureties May Limit Bond Claimants

Posted in Bonds, Delaware, Robert Ruggieri, Scott Earle
Scott T. Earle and Daniella Gordon contributed to this post. A recent Delaware Supreme Court decision limited the field of bond claimants on a private project. In the case, Berlin Steel proper claimants under bond.pdf the Supreme Court overruled the trial court’s interpretation of an earlier decision that stood for the proposition that all subcontractors, regardless… Continue Reading

Crossing State Lines: New York Public Bidding Law Allows for Withdrawal of Bids

Posted in Bidding, New York
Although entering the public bidding arena presents contractors with a plethora of opportunities, these opportunities do not come without risk. As many contractors can attest, oftentimes public bidding can seem more like gambling than bidding. This holds true not only when a contractor steps into the public bidding area for the first time, but also… Continue Reading