Monthly Archives: June 2016

Get Ready For Our Fall Seminar Series!

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in General on Jun 16, 2016.

On the heels of our successful Spring Seminar Series, Kaplin Stewart’s Construction Law Group is in the process of planning its next program offering. Our Fall Seminar Series will follow a similar set-up to our Spring Seminar Series and offer some great new topics. We will have another announcement in the near future with more details, but here are some of the particulars.

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WE HAVE A GREAT CONTRACT, SO WHY ARE WE STILL DEALING WITH CLAIMS IN COURT? (Part 2 of 3)

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Contract Clauses on Jun 15, 2016.

Part 2 of a 3 part series on risk management My previous post in this series addressed the most obvious reason why a construction company’s contract is not keeping it out of court: the contract simply isn’t good enough. It bears repeating that no contract is perfect; and even the best contracts, which allocate risk as opposed to eliminate it, can’t prevent every possible lawsuit. Because the contract itself cannot completely insulate a company from litigation, the next logical question becomes whether there is anything else that can be done.

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WE HAVE A GREAT CONTRACT, SO WHY ARE WE STILL DEALING WITH CLAIMS IN COURT? (Part 1 of a 3)

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Contract Clauses on Jun 13, 2016.

Part 1 of a 3 part series on risk management In my years as a construction attorney, I have had countless conversations with contractors who are frustrated by the “drag” created by litigation. Many of those with whom I have spoken have expressed confusion over the fact that their contract – perhaps even one prepared by a lawyer – is good and should be keeping them out of Court; and they cannot understand why they still find themselves in costly and time consuming litigation. This 3 part series will endeavor to provide some answers to this dilemma and some ideas about how to cut down on some of that frustration.

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The Bester v. Essex Crane Problem: What is it?

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Contract Clauses on Jun 8, 2016.

One of the most misunderstood concepts in construction contracts is the interplay between indemnification clauses and the immunity provided for employers under the Pennsylvania Workers’ Compensation Act. Because it is almost always the case – emphasis on almost – contractors and subcontractors assume they are immune from further liability as soon as payments are made to an injured employee under the workers’ compensation policy. The statute and Pennsylvania case law, however, say otherwise.

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