Monthly Archives: October 2014

Collaborative Effort Between Associations To Develop Section of International Green Construction Code

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Construction Industry News on Oct 27, 2014.

The International Green Construction Code was developed by the International Code Council -more commonly known as the ICC – and first published in 2012. Its state purpose is to develop a model code for the measurement of sustainability in the construction industry. The goal in developing the code is to “make buildings more efficient, reduce waste, and have a positive impact on health, safety and community welfare”.

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ACT 117 Now In Effect – Pennsylvania Mechanic’s Lien Priority Now Changed

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Mechanic's Liens on Oct 23, 2014.

In July of this year, we reported on a change to the Pennsylvania Mechanic’s Lien Law that revised the statute to give priority to construction loans secured by open-end construction loan mortgages. The revisions also broadened the definition of cost of construction to cover a range of things – to include attorneys’ fees and accounting fees – which are part of the costs incurred to build the project. This marks a significant change in the law which can be reviewed further in our previous blog post here.

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Practical Tips: What Are the Five Most Important Construction Contract Clauses?

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in General on Oct 22, 2014.

Reviewing construction contracts is a regular part of my practice as a construction attorney. From limited reviews of specific provisions to preparation of an entire array of form contracts, I have seen many different contract clauses and methodologies to evaluate them. In the end, contracts are about the allocation of risk. While the Rules of Professional Conduct prohibit me from giving legal advice as part of this blog, there are some clauses that commonly draw more attention when time is limited in the contract formation stage. Here are the top 5:

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Could Registry List Be On the Way For Pennsylvania Mechanic’s Lien Law?

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Mechanic's Liens on Oct 21, 2014.

The Pennsylvania House and Senate ended their 2014 session at the end of last week without passing any bills that deal directly with construction related issues. There was one, however, which was under consideration and is worth watching when the legislature returns to Harrisburg.

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The Government Cannot Terminate Construction Contracts At Will

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Uncategorized on Oct 20, 2014.

The Federal Claims Court recently ruled against the United States government on claims that it improperly terminated a metal building contractor on a U.S. Coast Guard project. The claim arose when a plethora of problems out of the control of the contractor, K-Con, Inc., caused it to deliver the project late.

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Construction Trivia

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in General on Oct 17, 2014.

Skyscrapers have become a normal part of the skyline in many major metropolitan areas.  Many of them are far in excess of 100 floors in the modern world.  Can you name the first building in the world to have 100 floors or more though?  For extra credit, how long did it take to build this building?

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Fight Over Fall Protection In Residential Construction

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in OSHA Safety Issues on Oct 16, 2014.

A recent Wall Street Journal article highlighted a long standing issue in construction workplace safety circles. The protection of residential contractors – roofing contractors in particular – from falls on the job. While the problem has been relatively quiet in recent years, it is starting to gain more attention as an increase in injuries and deaths from falls correlates with a rise in the new construction housing market.

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New Federal Minimum Wage For Contractors

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Prevailing Wage on Oct 13, 2014.

After Congress refused to pass a new minimum wage law, President Obama signed Executive Order 13658 in June of this year raising the minimum wage on all new contracts or replacement contracts for expiring agreements issued after January 1, 2015, to $10.10 an hour. The Department of Labor’s Wage and Hour Division then issued a final rule following that lead on October 7, 2014. This change in the law will apply to construction contractors until at least the expiration of President Obama’s term and the entry of a subsequent Executive Order by subsequent President and/or Department of Labor Change in policy.

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