Philadelphia Construction Law Blog

Clearwater Construction v. Northampton County

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Contract Bidding on Jul 12, 2017.

On July 10, 2017, in Clearwater Construction v. Northampton County, the Pennsylvania Commonwealth Court, in a case of first impression, ruled that a disappointed bidder  lacked standing to challenge a contract awarded under the Public Private Transportation Partnership Act (P3 Act), 74 Pa. C.S. §§ 9101-9124, holding that “Absent a statutory provision to the contrary, generally disappointed bidders lack standing to challenge the award of a government contract. Section 9109(n) of the P3 Act does not provide that statutory basis as its application is limited to a “development entity,” which by statutory definition is a party to the contract.”  The case may be found at this link: http://www.pacourts.us/assets/opinions/Commonwealth/out/1658CD16_7-10-17.pdf?cb=1  

Mechanics’ Liens in Pennsylvania: What You Need to Know in 2017

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Mechanic's Liens on May 30, 2017.

Robert Korn, Esquire will be presenting at PBI’s Mechanics’ Liens in Pennsylvania.  Receive a refresher and get the latest updates on the Mechanics’ Lien Law. The 2007 amendments Pennsylvania’s Mechanics’ Lien Law made dramatic alterations to that law, changing, and in some cases, reversing, the balance of power among owners and claimants. But those amendments were only the beginning. If the 2007 amendments were a revolution, the ten years that followed brought an almost constant evolution of the law. In addition to the four sets of amendments the General Assembly made over that period, faced with a steady stream of mechanics’ lien cases, the courts have contributed significantly to what is a very different looking Mechanics’ Lien Law landscape. This course provides a framework for attorneys new to mechanics’ liens in Pennsylvania as well as an up-to-the-minute update on recent case law and legislation that will be valuable to even the most experienced practitioners. Find out about the latest developments in the Pennsylvania Contractor and Subcontractor Payment Act Hear the differencing perspectives on the Mechanics’ Lien Law from counsel for claimants, owners and lenders.Learn about some of the ethical considerations that apply in working with mechanics’ liens Discuss and learn the answers to the following questions: How have the courts been applying the Supreme Court’s 2014 Bricklayers decision, and how should counsel proceed in the face of what sometime appear to be inconsistent approaches by the lower courts? What have we learned in the first months of operation of the State […]

Supreme Court of the United States reaffirmed that the Federal Arbitration Act

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Arbitration/Mediation on May 30, 2017.

On May 15, 2017, the Supreme Court of the United States reaffirmed that the Federal Arbitration Act preempts state laws placing agreements to arbitrate on weaker footing than other types of contracts.  In Kindred Nursing Centers L.P. v. Clark, the Supreme Court found that: “A court may invalidate an arbitration agreement based on ‘generally applicable contract defenses,’ but not on legal rules that ‘apply only to arbitration or that derive their meaning from the fact that an agreement to arbitrate is at issue.’”  A copy of the Kindred case may be found here: https://www.supremecourt.gov/opinions/16pdf/16-32_o7jp.pdf  

2017 AIA Documents

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Construction Industry News on May 1, 2017.

The 2017 AIA Documents were released today.  Information about the new forms, and free downloadable comparisons of the 2017 and 2007 version’s text, are available here: https://www.aiacontracts.org/contract-doc-pages/67216-2017-document-release?tab=library&mkt_tok=eyJpIjoiWXpZeE56UTRNVEppWldNeCIsInQiOiJqUWtGb1FTSWpwellwaE40YVFZM2hISm5WbVdaVWxEZlJkS3pKUkRPSE1xMEMrbjlUQUFpbXF2RmNNb1lzbFNFMmZsUVlQODgrS2hXcWI4ZmpiUkIyUnJNeEZia2ppQ2xqaFpvNFI5RkFKN1FEaHM4SzNvRytcL05idWlTRGRtcEIifQ%3D%3D  

Design Professionals’ Contracts

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Construction Industry News on Apr 14, 2017.

Design professionals’ contracts often contain indemnity clauses, and such clauses can impose liability not covered by the design professional’s insurance.  This article provides useful advise about the risks of such clauses: http://www.structuremag.org/?p=10874

Current Code: Upgrade Required?

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Construction Defect on Apr 13, 2017.

When an existing building is damaged and needs repair, the question often arises as to whether the building must be upgraded to the current code standards.  This article explores and explains the code sections dealing with this issue:  http://www.structuremag.org/wp-content/uploads/2017/01/C-CodesStand-Martin-Feb17-1.pdf

Occupational Safety and Health Administration (OSHA) Silica Rule Enforcement Delay

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Construction Safety on Apr 7, 2017.

The Occupational Safety and Health Administration (OSHA) announced Thursday, April 7 that it will delay enforcement of its silica rule for the construction industry for 90 days, from the initial date of June 23 to the new deadline of Sept. 23. The reason for the delay, according to OSHA, is to secure additional guidance for the rule “due to the unique nature of the requirements in the construction standard.” http://www.constructiondive.com/news/osha-delays-enforcement-of-silica-rule-for-90-days/439957/

Philadelphia Constructed the Most 1 Million-Sq.-Ft. Facilities in the Country Between 2010 and 2016

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Construction Industry News on Feb 7, 2017.

via:www.cbre.us Philadelphia – February 6, 2017 – The rapid growth of e-commerce has created a big trend in U.S. industrial markets: a proliferation of warehouses spanning 1 million sq. ft. or larger. The massive warehouses and distribution centers have sprouted from Southern California to Philadelphia, clustering around metro areas that provide the mix of road, rail and sea access that e-commerce users covet, according to a new report from CBRE Group, Inc. All told, 117 such facilities were built across the U.S. from 2010 to 2016 for a total of 141.2 million sq. ft., which shows an increase from the 99 facilities built between 2003 and 2009, according to CBRE. The markets in which the most big-box construction occurred in the 2010-2016 timeframe are led by Philadelphia, California’s Inland Empire and Dallas/Fort Worth. Top Markets For 1 Million-Sq.-Ft. Warehouses Built 2010-2016:   Rank Market Number of Buildings Total Sq. Ft. (millions) 1 Philadelphia 16 19.7 2 Inland Empire 13 15.4 3 Dallas/Fort Worth 13 14.7 4 Atlanta 12 13.8 5 Chicago 9 11.7 6 Memphis 3 4.1 7 Columbus 3 3.4 8 Cincinnati 2 3.3 9 Indianapolis 2 2.2 10 Phoenix 1 1.2 Looking ahead, the busiest markets for on-going construction of 1 million-sq.-ft. warehouses are led by the Inland Empire, Chicago, Philadelphia and Atlanta. Across the 10 busiest U.S. markets for this type of construction, 29 such facilities are underway. “The Eastern Pennsylvania market is poised to see continued demand for large 1 million-sq.-ft. warehouses along the I78/I81 corridor,” […]

  • Best Lawyers | Best Law Firms | U.S.News | 2015
  • Philadelphia Ranking Tier 1 - Land Use & Zoning Litigation
  • msi Global Alliance | Member of Independent Legal & Accounting Firms
  • Business Journals Law Firms | Top 50 | 2012