On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Mechanic's Liens on Sep 29, 2016.
Philadelphia Construction Law Blog
Tag: Josh Quinter
On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Construction Industry News on Sep 20, 2016.
A plethora of laws have been passed in recent years attempting to put more strict regulation on the construction industry – particularly residential construction – as it relates to payment and fraud. While there are voices on both sides of the debate as it relates to whether the laws are necessary and reasonable, there should be little doubt that the repercussions for failing to heed the recent trend are potentially serious.
On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Contract Clauses on Sep 14, 2016.
In the first 2 posts of this series, we talked about why even the best of contracts don’t prevent all litigation and provided some tips on how to manage risk in a way that minimizes the chances of seeing the inside of a courtroom. In reality, the best approach is an integrated one that includes preparing the most appropriate contract possible (understanding there is no such thing as a perfect one), providing good leadership, and managing the risk in the field. It is this last component that is the subject of this final post.
On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Construction Industry News on Sep 8, 2016.
One of the surest signs that fall has arrived is the start of the college football season. In a town that adores its pro team, the Philadelphia Eagles, college football is gaining a little more attention these days. One of the primary reasons for this is the return of Temple football, which was literally on the school’s chopping blocks a short time ago, beginning to make noise at the top level on a somewhat consistent basis. The next step for the program seems to be moving into its own stadium.
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.
On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in OSHA Safety Issues on Aug 9, 2016.
President Barack Obama recently signed into law a bill that significantly increases the penalties relating to certain violations of the Occupational Safety and Health Act. Labelled as a “catch-up adjustment”, the new law increases the maximum fines associated with OSHA violations by 78%. An adjustment to the fines was last made in 1990.
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.
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.
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.
On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Construction Industry News on May 24, 2016.