Philadelphia Construction Law Blog

The Pennsylvania Commonwealth Court recently issued an opinion that significantly impacts the scope of payment bond coverage by changing the application of what is commonly known as the “safe harbor” provision. The decision in Berks Products v. Arch Insurance Co., is already drawing fire from several quarters of the construction industry.

The first lawsuit relating to the fatal building collapse at 22nd and Market Streets in Center City Philadelphia has been filed. Mariya Plekan, a Ukranian immigrant, has brought suit and listed a number of devastating injuries.

The Occupational Safety and Health Administration issued a final rule to update construction signage standards recently.The new regulation adds references to the latest versions of the American National Standards Institute, or ANSI, on accident prevention with signs and tags. 

The Engineering News Record recently reported that the push on public health concerns and environmental issues has caused the Environmental Protection Agency to begin imposing more stringent rules on the presence of organic and inorganic contaminants in drinking water. The American Water Works Association indicates it expects even more regulations in the industry soon as the EPA races to get them out before President Obama leaves office in 2016.

The Pennsylvania state legislature is now getting involved in the building collapse case in Philadelphia. Two state house committees will be holding hearings on the accident to evaluate how building codes impact demolition work and whether changes to the code can prevent the type of accidents that occurred in this instance. Both the Labor & Industry and Urban Affairs Committees will hold hearings on Tuesday at 1:00 at the Seaport Museum in Philadelphia.

The dates for Pennsylvania’s annual conference on safety in the construction industry have been announced. The Governor’s Occupational Safety and Health Conference, now in its 67th year, will take place at Hershey Lodge and Convention Center on October 28th and October 29th. The agenda for the conference is wide ranging and covers safety topics from aerial lifts to power tools to industrial hygiene.

There is good news for the construction industry in a recent report by economist Anirban Basu. The performance of hotels in the United States has improved over the last 12 months. As a result, more hotels are being built or renovated. More specifically, Philadelphia is among the improved cities with regard to occupancy rates with a 21% increase.

With summer in full swing and the work weeks filling up with sweltering conditions for outdoor work, the Occupational Safety and Health Administration is renewing its emphasis on its “Water. Rest. Shade.” program. The informational effort is designed to warn workers about how heat stress occurs and, better yet, how to recognize the signs and prevent it.

A subcontractor debarred by the City of Philadelphia has lost its legal fight to dispute the debarment for violations of minority participation rules. The City previously debarred JHK, Inc., because it had allegedly misrepresented its minority work volume. JHK formally disputed the debarment and its claim was heard by a special Debarment Panel under the auspices of the City Finance Department.

State Representative Scott Petri (R. Bucks) is pushing legislation that would impose an impact fee on new development in order to fund capital improvements in the transportation sector. House Bill No. 148 (former HB 454) seeks to amend the Pennsylvania Municipal Planning Code so that municipalities and school districts can development impact fees upon new developments – residential, commercial and industrial alike.