Philadelphia Construction Law Blog

On January 2, 2014, the U.S. Department of Commerce reported that U.S. construction spending rose to its highest level in nearly five years in November, led by a surge in private construction project spending.

We previously reported that the case of Atlantic Marine Construction Company, Inc. v. United States District Court for the Western District of Texas was to be decided by the Supreme Court. This case addressed a contractual provision requiring that all litigation arising as a result of the project be brought in Norfolk, Virginia. The project was located at Ft. Hood in Texas.

Recent news in the surety industry suggests that demand is increasing for a different approach to bonding on projects using public-private partnerships. A significant push seems to be underway in the surety market to provide a product responsive to that demand.

Certain locales, including Philadelphia and parts of New Jersey, are using a new technology created by a Madison, Wisconsin company to measure travel times on roads. The technology picks up blue tooth signals from cell phones to measure the travel time between defined points on highways.

The Occupational Safety and Health Administration announced this week that is was extending the public comment period for its new regulations on the use of crystalline silica in construction until January 27, 2014. The extension is seen as a concession to business and industry organizations, a large number of which asked for additional time to analyze the proposed rules and provide educated opinions on it. Certain Congressional Committees also asked for the extension.

The Reduction of Lead in Drinking Water Act (amending the allowable levels of lead pursuant to the Safe Drinking Water Act) signed into law nearly three years ago and effective January 4, 2014 imposes a “lead-free” mandate across the United States. The Act makes it illegal to sell or install pipes, fittings, valves, and fixtures in applications providing water for human consumption which exceeds the 0.25% weighted average limit for wetted surfaces, as opposed to the 8% weighted average previously permissible. Wetted parts are essentially any product that conveys water anticipated for human consumption including, for example, meters, expansion tanks, backflow preventers, flexible connectors, strainers, and assorted gauges, fittings, and valves.

In its effort to continuously offer value added services to its clients, Kaplin Stewart’s construction law department has launched its own twitter feed. Found under the handle KAPLAWBuilds,

Safety is job one for most construction companies, as employees that go home each night come back the next day for work. Great emphasis is often placed on safety protocols and how to address work site hazards. A new study done by the Construction Industry Institute raises an important question though: are workers as prepared as they should be to identify job site risks?

Kaplin Stewart lawyers  have successfully completed a 2½ week jury trial in Jersey City, New Jersey with a verdict in favor of their client, Vincent Pools, Inc., against the general contractor, the owner, and the payment bond surety. 

In a positive sign for the construction economy, noted economist Anirban Basu recently commented on the stability of prices for construction materials in the Producer Price Index. He found the steadiness of construction material pricing particularly important given all the factors that suggest it should have risen.