On January 19, 2016, New Jersey Governor Chris Christie vetoed bipartisan legislation that sought to establish hospital “community service contributions” (“CSCs”) in hopes of avoiding litigation concerning the tax burden of...more
Pennsylvania’s Contractor and Subcontractor Payment Act (“CASPA”) is a powerful tool for contractors and subcontractors to ensure that they receive prompt payment for their work and may entitle them to expansive remedies,...more
9/3/2015
/ American Arbitration Association ,
Arbitration ,
CASPA ,
Competitive Bidding ,
Construction Industry ,
Contractors ,
Department of Transportation (DOT) ,
Enforcement Actions ,
Federal Contractors ,
Inside Information ,
Joinder ,
Mediation ,
Natural Gas ,
PA Supreme Court ,
Prompt Payment ,
Public Private Partnerships (P3s) ,
Public Projects ,
Subcontractors ,
Telecommunications ,
Wireless Industry
Pennsylvania’s Contractor and Subcontractor Payment Act (“CASPA”) is a powerful tool for contractors and subcontractors to ensure that they receive prompt payment for their work and may entitle them to expansive remedies,...more
Substantial completion is described in AIA Document A201™-2007 as “the stage in the progress of the Work when the Work or designated portion thereof is substantially complete in accordance with the Contract Documents so that...more
In a June 25, 2015 opinion in AHS Hospital Corp. v. Town of Morristown, Judge Bianco of the New Jersey Tax Court ruled, as a matter of first impression, that the Morristown Medical Center ("MMC"), a non-profit hospital, does...more
On June 5, 2015, the Superior Court of Pennsylvania held that a hospital, UPMC Presbyterian Shadyside (“UPMC”), was improperly ordered to produce information concerning a May 11, 2011 board meeting during which there was a...more
Construction contracts typically provide for changes in the scope of work through change orders, construction change directives and orders for minor changes. AIA Document A201-2007 and the ConsensusDocs Standard Agreement...more
In This Issue:
- Beware of penny bidding: Contractors could be stuck footing the bill for differing site conditions
- Pennsylvania Supreme Court weighs whether good faith refusal to pay is a factor in awarding...more
5/5/2015
/ Arbitration ,
Attorney's Fees ,
Competitive Bidding ,
Construction Contracts ,
Construction Industry ,
Construction Site ,
Contractors ,
General Contractors ,
New Legislation ,
PA Supreme Court ,
Public Private Partnerships (P3s) ,
Site Condition Claim
This clause is intended to address equitable adjustments to contract clauses when site conditions are different than anticipated under the contract terms. AIA Document A201-2007, General Conditions ¶3.7.4 provides that if the...more
This clause defines the scope of work in a construction project and the definition varies by source. For instance, American Institute of Architects Document A201-2007 defines "Work" as "construction and services required by...more
The New Jersey Superior Court Appellate Division recently ruled that the damages a physician-independent contractor can recover are limited to those sustained during a notice period in the physician’s contract. The decision...more
The New Jersey Supreme Court has affirmed a state agency’s decision to award a contract to the lowest bidder even though the bid did not comply with the scope-of-work requirements of a request for proposal. Matthew J....more
The American Arbitration Association (“AAA”) unveiled supplementary rules for construction proceedings that seek to remove some uncertainty from the resolution of construction disputes. The new rules, which took effect on...more
6/20/2014
Continued budget cuts likely will trigger construction issues and disputes in the coming months and years. As a result, contractors should take precautions on federally funded construction projects.
...more