Philadelphia Construction Law Blog

As the legislative session in Pennsylvania gets underway in earnest, the making of laws starts anew. Among those under consideration may be several pieces of legislation that were under consideration last year but never made it to the floor for a vote. An act designed to make revisions to the apprenticeship structure in the state was one such bill.

Contractors who wait too long can lose their right to file a mechanic’s lien.

The Pennsylvania Supreme Court has agreed to hear the appeal of the Bricklayers of Western Pennsylvania Combined Funds v. Scott’s Development case, a move that could determine whether the Pennsylvania Mechanics’ Lien Law will be strictly or liberally interpreted.

The General Assembly passed changes to the Pennsylvania Steel Products Procurement Act that Governor Corbett recently signed. The legislation (HB 1840), which will go into effect this month, effectively creates an exemption from the law’s requirement for certain listed items and directs the Department of General Services to issue a list on its website for those in the construction industry to check. The Steel Products Procurement Act requires that steel being used in public works projects in the Commonwealth be made in the U.S. To qualify as “made in the U.S.A.”, 75% of the cost to mine, produce, or manufacture the product must be incurred in the United States. The statutory definition of “public works” is broad and includes construction of all types as well as maintenance. The changes to the law create a range of exceptions to the “made in the U.S.A.” requirement for certain machinery and equipment. To be exempt, the DGS must certify in writing that an item qualifies for the exemption list because there are insufficient amounts of the steel product made in the U.S. to allow contractors to meet the requirement. The new provisions also charge the DGS with conducting an annual review of the list and the industry to update the list and to subsequently post that list on a publicly accessible website so that those putting in bids for public works projects can access it. Contractors involved in public works projects should be aware of this statute and not assume it can be […]

The United States Supreme Court has announced its docket for next session. Several cases that will impact the construction industry in Pennsylvania in some way appear on the list. Because the Supreme Court is not required to accept a case from the lower courts, its decision to do so likely means the issue is an important one that could have far reaching consequences.

The American Institute of Architects recently released the results of its survey of economic conditions as it relates to the construction design industry. The data was not encouraging for the construction industry of Pennsylvania or New Jersey.

It’s election day.  Be sure to get out and vote!

Officials in Easton, Pennsylvania recently put on a program for developers. It included a tour of the downtown area in order to showcase the city’s potential for growth and occupancy, particularly in the business district. The program was offered by the Greater Lehigh Valley Chamber of Commerce and was attended by close to 50 people.

In the case of Baker v. Reese Bros. (decided October 19, 2012), the Commonwealth Court of Pennsylvania upheld a decision by the Court of Common Pleas of Somerset County to not apply the Economic Loss Doctrine to bar the homeowner’s claim for negligence against a third-party code inspector.

The Uniform Construction Code (UCC) generally preempts and rescinds construction standards provided by statute, local ordinance, or regulation unless the law meets the following four standards: