Philadelphia Construction Law Blog

One of the surest signs that fall has arrived is the start of the college football season. In a town that adores its pro team, the Philadelphia Eagles, college football is gaining a little more attention these days. One of the primary reasons for this is the return of Temple football, which was literally on the school’s chopping blocks a short time ago, beginning to make noise at the top level on a somewhat consistent basis. The next step for the program seems to be moving into its own stadium.

n an opinion issued in July, the Pennsylvania Supreme Court categorically declared the award of attorneys’ fees and penalties under the Pennsylvania Prompt Pay Act to be discretionary. While the statute itself contains language which suggests such an outcome, the Court’s decision in Scott Enterprises, Inc. v. City of Allentown formally settles an issue which many construction practitioners understood differently and argued differently in litigation.

Wishing all those who work so hard to help build this country and make her great a wonderful Labor Day. Thanks for all you do and for letting Kaplin Stewart be part of your great industry.

President Barack Obama recently signed into law a bill that significantly increases the penalties relating to certain violations of the Occupational Safety and Health Act. Labelled as a “catch-up adjustment”, the new law increases the maximum fines associated with OSHA violations by 78%. An adjustment to the fines was last made in 1990.

A new Philadelphia ordinance, effective July 1, 2016, will have a significant effect on employers who fail to pay wages to their employees for work performed in Philadelphia. Titled Wage Theft Complaints, the ordinance provides for administrative and court remedies, and penalties for “wage theft”, defined by the ordinance as any violation of the Pennsylvania Wage, Payment and Collection Law, Minimum Wage Act, or any other federal or state law regulating the payment of wages, for work performed in Philadelphia.

On the heels of our successful Spring Seminar Series, Kaplin Stewart’s Construction Law Group is in the process of planning its next program offering. Our Fall Seminar Series will follow a similar set-up to our Spring Seminar Series and offer some great new topics. We will have another announcement in the near future with more details, but here are some of the particulars.

Part 2 of a 3 part series on risk management My previous post in this series addressed the most obvious reason why a construction company’s contract is not keeping it out of court: the contract simply isn’t good enough. It bears repeating that no contract is perfect; and even the best contracts, which allocate risk as opposed to eliminate it, can’t prevent every possible lawsuit. Because the contract itself cannot completely insulate a company from litigation, the next logical question becomes whether there is anything else that can be done.

Part 1 of a 3 part series on risk management In my years as a construction attorney, I have had countless conversations with contractors who are frustrated by the “drag” created by litigation. Many of those with whom I have spoken have expressed confusion over the fact that their contract – perhaps even one prepared by a lawyer – is good and should be keeping them out of Court; and they cannot understand why they still find themselves in costly and time consuming litigation. This 3 part series will endeavor to provide some answers to this dilemma and some ideas about how to cut down on some of that frustration.

One of the most misunderstood concepts in construction contracts is the interplay between indemnification clauses and the immunity provided for employers under the Pennsylvania Workers’ Compensation Act. Because it is almost always the case – emphasis on almost – contractors and subcontractors assume they are immune from further liability as soon as payments are made to an injured employee under the workers’ compensation policy. The statute and Pennsylvania case law, however, say otherwise.

At Kaplin Stewart, we recognize that America is great because of the people that serve her and its people.  Those who work in the military, the police, and as firefighters are among our nation’s finest.  They put their lives on the line every day to protect us all – asking for very little in return.  Some – who we especially remember on Memorial Day – pay the ultimate sacrifice by laying their lives down in the line of duty.  For that, we are eternally grateful. We could never repay that debt.  Thank you for your service and sacrifice.