Philadelphia Construction Law Blog

On February 10, 2014, the Occupational Safety and Health Administration announced its intention to extend the time for compliance with the crane operator certification by 3 years, or until November 2017. There is also discussion about delaying its implementation indefinitely. Intense criticism and concern over the rule on this subject issued by OSHA in August 2010 is cited as the reason for the change. The Advisory Committee on Construction Safety and Health is leading the charge on the concerns and recommended the delay. Comments on the delay are due by March 12, 2014.

With tax season looming, many are beginning to assemble their papers, talk to their accountants, and make decisions about how best to pay Uncle Sam. In this context, some will be shocked to hear about data recently offered by the National Federation of Independent Businesses and other tax related groups that have studied effective tax rates. Pennsylvania and New Jersey developers and construction companies should certainly be aware of these facts and, perhaps, consider changing the manner in which their companies are organized from a tax perspective.

Now that it is February and almost everyone’s New Years’ resolutions are officially broken, it seems a good time to review what some are projecting as possible trends in the construction industry in 2014. The following is a simple list of predictions gathered from various sources.

Kaplin Stewart Construction attorneys Robert Korn with assistance from paralegal Lynne Scott, successfully represented a contractor client in a breach of contract action and for violation of the Pennsylvania Contractor and Subcontractor Payment Act.

The American Institute of Architects initiated a program it calls the 2030 Commitment Program approximately 5 years ago.  Designed as voluntary initiative, its goal is to have member firms and other entitites in design and construction, including those in Pennsylvania and New Jersey, promise to work towards a goal of carbon nuetral buildings by 2030.  The ultimate objective is to make buildings more environmentally friendly. 

The U.S. Green Building Council has undertaken an effort to produce a series of reports to promote sustainable building and provide those in the green building industry with information and data to support the efforts of both USGBC and those that endorse the use of its standards. The second in that series of reports entitled “Places and Policies” was recently released.

In what will be a positive move for construction companies from Pennsylvania and New Jersey working in the City of Bethlehem, the City has been awarded one of two City Revitalization and Improvement Zone program designations. Those involved in the process are hoping it will have the same effect on development and the resulting economic impact as the construction of the Sands Casino at the old Bethlehem Steel Stacks.

The Supreme Court recently held oral argument in Noel Canning, a case in which the recess appointments of President Obama to the National Labor Relations Board were challenged. While that case will have no short term implications since the same appointees have since been ushered through a more legitimate process, it is anticipated by most legal scholars that the administration will lose this battle

After the City of Philadelphia recently passed new ordinances directing the display of contractor licenses, the use of permits, and the posting of job sites for all contractors, further requirements to perform demolition or construction work inside the City limits went into effect on January 1, 2014.

In a published opinion on December 3, 2013, the Pennsylvania Superior Court held that the gist of the action doctrine does not necessarily preclude coverage under a commercial general liability policy in Pennsylvania.