Public Construction Projects Archives

Pennsylvania Supreme Court Explicitly Declares Attorneys’ Fees and Penalty Provision of the Pennsylvania Prompt Pay Act Discretionary

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Public Construction Projects on Sep 6, 2016.

n an opinion issued in July, the Pennsylvania Supreme Court categorically declared the award of attorneys’ fees and penalties under the Pennsylvania Prompt Pay Act to be discretionary. While the statute itself contains language which suggests such an outcome, the Court’s decision in Scott Enterprises, Inc. v. City of Allentown formally settles an issue which many construction practitioners understood differently and argued differently in litigation.

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Pennsylvania Public School Code Does Not Bar Claim By Completion Contractor

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Public Construction Projects on Feb 19, 2016.

A recent Pennsylvania Commonwealth Court opinion indicated a possible change in how the Court’s view certain construction related claims under the Public School Code in Pennsylvania. In F. Zacherl, Inc. v. Flaherty Mechanical Contractors, LLC, the Court ruled that an agreement with a completion contractor to finish the original prime contractor’s scope of work did not require separate approval from the School Board.

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President Obama Creates New Bureaucracy To Manage Federal Procurement Process

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Public Construction Projects on Aug 26, 2015.

President Obama signed an executive order that will have a huge impact on the construction industry on July 31, 2014. Amazingly, it has received little fanfare or attention until now.

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US DEPARTMENT OF LABOR INCREASES HOURLY WAGES ON FEDERAL CONTRACTS

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Public Construction Projects on Jan 26, 2015.

Following the lead set in President Obama’s Executive Order 13658, the Department of Labor’s Wage & Hour Division issued a final rule raising the minimum wage for workers providing labor on federal construction and service contracts to $10.10 an hour.This final rule applies to new and replacement contracts that result from solicitations after January 1, 2015. It also places the Secretary of Labor in charge of setting the minimum wage beginning in 2016 with the restriction that the Secretary cannot ever lower it.

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Pennsylvania Commonwealth Court holds that acceptance of a public contract bid does not form a contract

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Public Construction Projects on Aug 21, 2014.

The Commonwealth Court recently considered a breach of contract claim by Allan A. Myers after the Montgomery County Commissioners reversed course and awarded paving work to another bidder.

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UPDATE: Exemption List for the Steel Products Procurement Act Issued, Comment Period Open

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Public Construction Projects on Mar 7, 2013.

We recently reported that the Pennsylvania legislature passed amendments to the Pennsylvania Steel Products Procurement Act that Governor Corbett signed into law. The change, which created automatic exemptions for certain products under the Act, is designed to make compliance with the law more manageable and decrease costs on state contracts.

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WHY ENTITIES LIKE SEPTA MAY USE PUBLIC-PRIVATE PARTNERSHIPS IN CREATION OF TRANSIT ORIENTED DEVELOPMENTS

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Public Construction Projects on Mar 4, 2013.

The Southeastern Pennsylvania Transportation Authority (“SEPTA”) recently released its annual report focusing on the theme of sustainability, aptly titled “SEP-TAINABLE”. In that report, SEPTA commits to partnering with developers, municipalities, and other organizations to invest in various Transit-Oriented Development (“TOD”) projects, which are high-density mixed-used development projects within a half mile of public transportation. Specifically, SEPTA announced that it intends to engage in one TOD per year.

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Amendment To The Steel Products Procurement Act Passes in Pennsylvania

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Public Construction Projects on Dec 6, 2012.

The General Assembly passed changes to the Pennsylvania Steel Products Procurement Act that Governor Corbett recently signed. The legislation (HB 1840), which will go into effect this month, effectively creates an exemption from the law’s requirement for certain listed items and directs the Department of General Services to issue a list on its website for those in the construction industry to check. The Steel Products Procurement Act requires that steel being used in public works projects in the Commonwealth be made in the U.S. To qualify as “made in the U.S.A.”, 75% of the cost to mine, produce, or manufacture the product must be incurred in the United States. The statutory definition of “public works” is broad and includes construction of all types as well as maintenance. The changes to the law create a range of exceptions to the “made in the U.S.A.” requirement for certain machinery and equipment. To be exempt, the DGS must certify in writing that an item qualifies for the exemption list because there are insufficient amounts of the steel product made in the U.S. to allow contractors to meet the requirement. The new provisions also charge the DGS with conducting an annual review of the list and the industry to update the list and to subsequently post that list on a publicly accessible website so that those putting in bids for public works projects can access it. Contractors involved in public works projects should be aware of this statute and not assume it can be […]

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Sequestration Threatens Construction Budgets

On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Public Construction Projects on Oct 1, 2012.

As election season hits full stride in the race to November 6, a good deal has been discussed about sequestration. The term has been mentioned most prominently in the context of cuts to defense spending. If it should occur, however, it will hit construction related budgets hard as well.

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