The Pennsylvania Supreme Court has agreed to hear an appeal of the case Eastern Steel Construction, Inc. v. International Fidelity Insurance Co., in which the Pennsylvania Superior Court clarified the claims that a...more
In the construction industry, it is not uncommon for a contractor to be named in a lawsuit due to hidden (latent) defects in its work that injure a third party long after the work has been completed and turned over to the...more
In the construction industry, a “pay-if-paid” provision is common in subcontracts, which conditions a general contractor’s obligation to make payment to a subcontractor on the general contractor’s actual receipt of payment...more
The Pennsylvania Superior Court recently clarified the claims that a subcontractor may bring, as well as the judgments that may be enforced, against a surety in Pennsylvania in Eastern Steel Constructors, Inc. v....more
Contractors or subcontractors who perform offsite work can face unique challenges when an owner decides to suspend or end a project. Luckily, states including Pennsylvania and New Jersey, have legislation that offers remedies...more
One of the most powerful tools in a contractor’s arsenal for obtaining payment on a construction project is a mechanics’ lien claim, which is a security interest that attaches to the owner’s property interest and “clouds” the...more
“There’s no time like the present”—cliché or not, this may become the new rule for when contractors should file their New Jersey lien claims during the pandemic, and probably after. Unlike lawsuits and other legal actions,...more
Pulling the Continuous Trigger: Insurance Policies and Progressive Property Damage in New Jersey -
When a property owner claims damages due to defective construction, the first step for a contractor is to notify its...more
In Pennsylvania, it is well-established that a homeowner can assert claims for fraud and violation of Pennsylvania’s consumer protection statute – the Unfair Trade Practices and Consumer Protection Law (“UTPCPL”) – against a...more
In the recent case of Township of Salem v. Miller Penn Development, LLC, the Pennsylvania Commonwealth Court invoked the often overlooked doctrine of nullum tempus occurrit regi. Read literally as “time does not run against...more
In April, the New Jersey Supreme Court agreed to review the case of Waste Management of New Jersey, Inc. v. Mercer County Improvement Authority. The matter concerns a defect in a bid submitted under the New Jersey Public...more
Pennsylvania’s Home Improvement Consumer Protection Act (“HICPA”), which went into effect in 2009, generally requires that home improvement contracts be in writing and contain thirteen specific items (including the...more
On April 29, 2014 an evenly divided Pennsylvania Supreme Court in Barrick v. Holy Spirit Hospital upheld a lower court ruling holding that communications between a party’s attorney and a party’s expert witness are exempt from...more