Philadelphia Construction Law Blog

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,

On October 13th, we reported that new Environmental Protection Agency regulations regarding carbon emissions might have an impact on Pennsylvania’s construction economy. At the time, we reported that those regulations, which are based on a finding by the EPA that carbon emissions are harmful “greenhouse gases”, were subject to a legal challenge. That legal challenge has now been taken up by a number of groups interested in the issue.

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 June of this year, President Obama announced his plan to address climate issues. The EPA has announced a number of new regulations that are scheduled for public comment and finalization in the fall of 2014 in furtherance of the President’s agenda. Some of these new regulations have the potential to significantly impact the coal and Marcellus Shale industry, as well as the construction infrastructure that goes along with it, in Pennsylvania.

The federal government remains shut down as it currently stands. Although there is room for debate on whether the stalemate in Washington will end soon, the Army Corps of Engineers looks set to receive some additional funding towards water infrastructure when the government re-opens for business.

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.

A federal district court in New Jersey recently held that the economic loss rule does not apply to bar a contractor’s negligence claim against the design professional for a project if there is no contract between the contractor and the design professional. Based on the holding in SRC Construction Corp. of Monroe v. Atlantic City Housing Authority, any participant on a construction project in New Jersey may have a remedy in tort.

The Occupational Safety and Health Administration issued a final rule on the use of cranes and derricks in underground construction and demolition.

The House of Representatives recently passed legislation that would fund Department of Defense construction at $9.95 billion and Department of Veterans’ Affairs major construction programs at $342 million in 2014. While these amounts are no doubt sizeable, they represent decreases in both budgets.