Philadelphia Construction Law Blog

On October 16, 2013, the Superior Court of Pennsylvania issued a new opinion relating to mechanics’ liens. While seemingly academic on its face, the decision has practical ramifications for the ability of contractors to enforce a lien and ultimately get paid in certain circumstances.

Certain locales, including Philadelphia and parts of New Jersey, are using a new technology created by a Madison, Wisconsin company to measure travel times on roads. The technology picks up blue tooth signals from cell phones to measure the travel time between defined points on highways.

The Occupational Safety and Health Administration announced this week that is was extending the public comment period for its new regulations on the use of crystalline silica in construction until January 27, 2014. The extension is seen as a concession to business and industry organizations, a large number of which asked for additional time to analyze the proposed rules and provide educated opinions on it. Certain Congressional Committees also asked for the extension.

The Reduction of Lead in Drinking Water Act (amending the allowable levels of lead pursuant to the Safe Drinking Water Act) signed into law nearly three years ago and effective January 4, 2014 imposes a “lead-free” mandate across the United States. The Act makes it illegal to sell or install pipes, fittings, valves, and fixtures in applications providing water for human consumption which exceeds the 0.25% weighted average limit for wetted surfaces, as opposed to the 8% weighted average previously permissible. Wetted parts are essentially any product that conveys water anticipated for human consumption including, for example, meters, expansion tanks, backflow preventers, flexible connectors, strainers, and assorted gauges, fittings, and valves.

It is admittedly rare for the United States Supreme Court to consider a case that implicates construction contracts directly. The Court, in its new term, has just heard oral argument on a construction contract issue that could have a far reaching impact on the construction industry though.

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?

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.

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.