Monthly Archives: October 2017

“Integrated Project Delivery: Collaborative Innovation in the Construction Industry”

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Construction Industry News on Oct 24, 2017.

On October 23, 2017, Kevin Amadio, a principal in Kaplin Stewart’s Construction Department, presented a program on “Integrated Project Delivery: Collaborative Innovation in the Construction Industry” for the Subcontractor’s Association of the Delaware Valley and moderated a panel discussion with a group of construction industry representatives about their experiences with IPD projects in the Philadelphia area.  

Service Rules for Mechanics’ Liens in Pennsylvania

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Construction Industry News on Oct 17, 2017.

The Philadelphia Court of Common Pleas decision in Bertino v. Clark-Dougherty, 2017 WL 4330687 (2017) is a reminder that the service rules for mechanics’ liens in Pennsylvania must be strictly followed.  In Bertino, the court granted preliminary objections and struck a mechanics’ lien claim because service of the notice of filing of the lien was made improperly, even though the property owner actually received the notice.  The Court found that service on the out-of-state property owner by regular mail, after a certified mailing went undelivered, was improper. Further, the lien claimant failed to file an affidavit of service within twenty days of the supposed service, as required by the mechanics’ lien law.  Due to the very technical nature of the lien law’s requirements, and because these requirement will be strict enforced, potential lien claimants should always consult counsel before attempting to perfect lien rights.  

Pennsylvania Superior Court Decided

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Construction Industry News on Oct 6, 2017.

On September 27, 2017, the Pennsylvania Superior Court decided that the Bilt-Rite case, which held that an architect could be liable to a contractor for negligent misrepresentation, applies to other professionals as well.  The Court therefore reversed a trial court decision in favor of an accountant, stating that: “We find the court applied a too narrow reading to Bilt-Rite in determining that the case only concerns disputes involving an architect/contractor scenario. Rather, we conclude Bilt-Rite can be applied to other factual scenarios where a party is providing professional information that is designed to be relied upon by a third party.”  The case may be found at this link: http://www.pacourts.us/assets/opinions/Superior/out/24161563.       

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