Monthly Archives: May 2013

KAPLIN STEWART CONSTRUCTION LAWYERS MAKE THE GRADE

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Kaplin Stewart News on May 28, 2013.

Several members of Kaplin Stewart’s construction law department were recently recognized for their representation of the firm’s construction clients. Robert Korn, and Andy Cohn were named as Pennsylvania Super Lawyers, while Mohammad Ghiasuddin was named a Rising Star. All 4 are part of the list published in Philadelphia Magazine and the Pennsylvania Super Lawyers Magazine.

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NLRB Posting Rule Invalidated by the DC Circuit Court of Appeals

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Labor Law on May 15, 2013.

The D.C. Circuit Court of Appeals recently ruled in favor of a local business, Lehigh Valley Racket and Fitness Centers, and struck down a National Labor Relations Board rule requiring the posting of union organization posters at its workplace.  The decision comes on the heels of a prior ruling by the D.C. Circuit declaring President Obama’s “recess” appointments to the National Labor Relations Board unconstitutional and marks another setback for the NLRB.

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Pennsylvania Mold Immunity Legislation Back Again

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Pending Legislation on May 12, 2013.

I reported in May of 2012 that Senator Lisa Boscola (D. – Lehigh) was leading the charge on a bill to immunize HVAC contractors from liability for mold. The bill stalled in the Judiciary Committee during the last session and never made it to the floor for a vote. Senator Boscola has not given up on the bill, however, and has reintroduced it in the 2013 session.

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OSHA Program a Big Success

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Kaplin Stewart News on May 10, 2013.

The critics are raving about Kaplin Stewart’s night at the movies.  Kaplin Stewart’s construction law department presented their program entitled “And the Oscar Goes To..? on May 9th to a full house at Kaplin Stewart. Using clips from Oscar nominated films they provided a refresher course on the OSHA regulations effecting the construction industry and had some fun along the way.  The discussion was lively and useful for all involved.

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Recent Third Circuit Opinion Attempts to Answer The Question of Whether Occurrence-Based CGL Policies Cover Claims of Faulty Workmanship–and In Doing So Raises Another Question

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Insurance on May 10, 2013.

The issue of whether occurrence-based CGL policies provide coverage for property damage sustained as a result of faulty workmanship by contractors has been treated unevenly throughout the country. However, a recent decision by the Third Circuit Court of Appeals applying Pennsylvania law provided greater clarity on how occurrence-based policies are to be interpreted in the context of construction projects. The decision also left the door open to creative attorneys who may try to recover on such policies from a different angle though.

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FLORIDA LIMITS DESIGN PROFESSIONAL LIABILITY – SHOULD PENNSYLVANIA BE NEXT?

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Design Professionals on May 5, 2013.

Florida Governor Rick Scott recently signed legislation making a significant chan Rick Scottge  to the potential liability of individuals providing design professional services in the state. The new law, which takes effect July 1, 2013, will enable a business entity to contractually limit the liability of its individual professionals to the extent of that professional’s scope of work performed under the contract. In other words, the individual design professional can now immunize himself for liability in design or project administration. The design firm remains potentially liable.

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