Monthly Archives: April 2013

On Thursday, May 9, 2013, Kaplin Stewart’s construction law department will be offering a free program on OSHA regulations in the construction industry.  Using clips from Oscar nominated films to cover the material, the firm will add a little fun to a very serious topic.  The program will take place from 7:30-9:30 a.m. at Kaplin Stewart.  Breakfast will be provided.

The United States Court of Appeals for the Third Circuit recently affirmed 3 orders issued by the District Court for the Eastern District of Pennsylvania, the net effect of which was to uphold a finding that a defined completion date in a construction contract must be completed in a reasonable amount of time if change order work results in the original deadline being missed. The ruling confirmed an award of $422,923.83 in breach of contract damages and $539,521.15 in attorneys’ fees.

Following the carnage left by Hurricane Sandy in New Jersey, the state legislature passed a bill allowing for the expansion of project labor agreements on construction projects using public money in the state. While they were already permissible by law, the new statute was seen as an attempt by labor unions to grab more of the market share and, as a result, the effort to rebuild New Jersey after the storm. In a veto message this week, New Jersey Governor Chris Christie hinted that he saw it the same way.

The construction industry job market continues to struggle, but fresh unemployment numbers did decrease slightly from earlier this year. According to the March 8 employment report by the U.S. Department of Labor, he construction industry jobless rate declined from 16.1% in January to 15.7% in February. The rate in February 2012 was 17.1%

Engineering News-Record is reporting that the large New Jersey design firm Birdsall Services Group is embroiled in a pay-to-play scandal that could cause significant additional damage to the company. Birdsall recently filed for bankruptcy and is working through the process of reorganization.

The Occupational Safety and Health Administration recently published new educational materials designed to help construction employers control exposure to airborne crystalline silica at construction sites. The 7 new fact sheets provide information on how to control the risks associated with silica exposure while working with grinders, angle grinders, jackhammers, rotary hammers, stationary and handheld masonry saws, and vehicle mounted drilling rigs.

Robert Korn, a partner in the construction law department at Kaplin Stewart, will be one of 3 featured speakers at a presentation for the Montgomery County Bar Association on Tuesday, April 9, 2013.  The program on the drafting of arbitration clauses is a CLE class aimed at all members of the bar.  Mr. Korn will be joined by two other experienced and respected attorneys, Steve Yusem and Judith Meyer.  Among the topics to be covered are the qualifications and selection of arbitrators, discovery, and enforcing arbitration awards.

An open and ongoing dispute between a researcher for the Competitive Enterprise Institute and the Environmental Protection Agencyis starting to appear in construction related publications. The researcher, Christopher Horner, thinks EPA is hiding something and is suing in Court for what he claims are violations of the Freedom of Information Act.