Monthly Archives: March 2016

Construction of the Constitution Pipeline Delayed

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Construction Industry News on Mar 31, 2016.

The developer of the Constitution Pipeline, designed to carry natural gas from the Marcellus Shale areas in northeastern Pennsylvania to New York State and New England, has been delayed. The pipeline was to have been placed in service by the end of this year, but now will not be completed until at least the second half of 2017. The 124 mile pipeline would help ease a shortage of pipelines carrying abundant natural gas from Northeastern Pennsylvania to customers in New York and New England. When constructed, it would be the first direct path linking the Marcellus basin with New York and New England consumers.

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COURT CLARIFIES REQUIREMENTS FOR A CONTRACTOR’S MISREPRESENTATION CLAIM AGAINST A DESIGN PROFESSIONAL

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Design Professionals on Mar 28, 2016.

In a recent decision, the Pennsylvania Superior Court clarified the legal requirements for a contractor’s direct claim for economic losses against a design professional caused by defective design. In Gongloff Contracting v L. Robert Kimball & Associates, a sub-subcontractor steel erector brought an action directly against a public project design professional (Kimball) for “misrepresentations” in the design documents. Gongloff claimed that the architect/engineer’s structural design was inadequate in that the steel roof structure and trusses could not safely sustain all required construction loads. As a consequence of those deficiencies, project shutdowns ensued, and multiple change orders were issued resulting in substantial additional cost to Gongloff. When the steel subcontractor and general contractor refused to pay those additional costs, Gongloff commenced an action against the design professional.

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Kaplin Stewart Construction Lawyers to Speak at National MBCEA Conference

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in General on Mar 23, 2016.

The Metal Building Contractors and Erectors Association will be hosting its annual national conference in Clearwater Beach, Florida, in May. The Metal Building Contractors & Erectors Association serves participants in the metal building industry, including contractors, erectors, and suppliers. Its goal is to provide exceptional training and education that allows its members to succeed and raises the profile of the metal building industry.

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Kaplin Stewart Now Has a Surety Blog!

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Bonding and Surety on Mar 21, 2016.

At Kaplin Stewart, we strive every day to add value to the businesses of our clients and potential clients.  We are thrilled to announce the start of another one of these efforts – our construction surety law blog!  The surety industry is one which we represent regularly; and we believe that it is a niche with specific issues that merit a special comment from time to time.  So we hope you will read the blog and join the conversation.

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New Training Requirements About to Go Into Effect In Philadelphia

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Licensing on Mar 18, 2016.

Beginning April 11, 2016, the Philadelphia Department of Licenses & Inspections (L&I) will be strictly enforcing the Working Training Requirements under Philadelphia Code provisions A-1001.3 through A-1001.5. The Working Training Requirements are summarized as follows:

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Suppliers Beware: UCC May Bar Terms Not Included In Subsequent Offer

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in UCC on Mar 15, 2016.

While it’s not a change in the law, a recent holding by the Pennsylvania Superior Court provides a friendly reminder to suppliers in the construction industry. When goods are being sold, the UCC applies; and, importantly, terms and conditions in prior offers not included in the accepted offer are not part of the agreement.

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