Philadelphia Construction Law Blog

The DC Circuit Court of Appeals held in January that President Obama’s 2010 recess appointment of Craig Becker to the National Labor Relations Board was unconstitutional. In so doing, the Court concluded that valid recess appointments can only occur in intersession breaks of the Senate.

Several members of Kaplin Stewart’s construction law department were recently recognized for their representation of the firm’s construction clients. Robert Korn, and Andy Cohn were named as Pennsylvania Super Lawyers, while Mohammad Ghiasuddin was named a Rising Star. All 4 are part of the list published in Philadelphia Magazine and the Pennsylvania Super Lawyers Magazine.

The D.C. Circuit Court of Appeals recently ruled in favor of a local business, Lehigh Valley Racket and Fitness Centers, and struck down a National Labor Relations Board rule requiring the posting of union organization posters at its workplace.  The decision comes on the heels of a prior ruling by the D.C. Circuit declaring President Obama’s “recess” appointments to the National Labor Relations Board unconstitutional and marks another setback for the NLRB.

I reported in May of 2012 that Senator Lisa Boscola (D. – Lehigh) was leading the charge on a bill to immunize HVAC contractors from liability for mold. The bill stalled in the Judiciary Committee during the last session and never made it to the floor for a vote. Senator Boscola has not given up on the bill, however, and has reintroduced it in the 2013 session.

The critics are raving about Kaplin Stewart’s night at the movies.  Kaplin Stewart’s construction law department presented their program entitled “And the Oscar Goes To..? on May 9th to a full house at Kaplin Stewart. Using clips from Oscar nominated films they provided a refresher course on the OSHA regulations effecting the construction industry and had some fun along the way.  The discussion was lively and useful for all involved.

The issue of whether occurrence-based CGL policies provide coverage for property damage sustained as a result of faulty workmanship by contractors has been treated unevenly throughout the country. However, a recent decision by the Third Circuit Court of Appeals applying Pennsylvania law provided greater clarity on how occurrence-based policies are to be interpreted in the context of construction projects. The decision also left the door open to creative attorneys who may try to recover on such policies from a different angle though.

Florida Governor Rick Scott recently signed legislation making a significant chan Rick Scottge  to the potential liability of individuals providing design professional services in the state. The new law, which takes effect July 1, 2013, will enable a business entity to contractually limit the liability of its individual professionals to the extent of that professional’s scope of work performed under the contract. In other words, the individual design professional can now immunize himself for liability in design or project administration. The design firm remains potentially liable.

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.