In 2014, the Pennsylvania Supreme Court issued its much-anticipated opinion in Tincher v. Omega Flex, Inc., 628 Pa. 296, 104 A.3d 328 (2014). That case was a product liability action based on a design defect. The defense bar...more
The Pennsylvania Supreme Court addressed whether a contractor bears the risk of future injuries regarding hidden (latent) defects in its work if an owner is also aware of a defect but chooses not to correct it. The City of...more
In Brown v. City of Oil City, No. 6 WAP 2022, 2023 Pa. LEXIS 681 (2023), the Supreme Court of Pennsylvania (Supreme Court) recently held that a contractor can be liable for dangerous conditions it creates even if the hazard...more
Mechanic’s lien claims, unlike other actions, are created by statute and, as a result, Pennsylvania courts require strict compliance with the statutory requirements to perfect the lien or risk the dismissal of the claim. By...more
The first cases addressing the impact of Pennsylvania’s Construction Workplace Misclassification Act (“CWMA”) in the context of the Pennsylvania’s Workers’ Compensation Act, have finally reached the Appellate Courts. The...more
Scott Enters., Inc. v. City of Allentown, 2016 Pa. LEXIS 1503 (Pa. July 19, 2016) - The Supreme Court of Pennsylvania reversed an order of the Commonwealth Court and held that the prompt payment provisions of the...more
Elliott-Lewis Corp. v. Skanksa USA Bldg., Inc., 2016 U.S. Dist. LEXIS 59406 (E.D.Pa. May 4, 2016) - The Federal District Court for the Eastern District of Pennsylvania held that the narrow exception to the economic loss...more
Elliot-Lewis Corp. v. Skanska USA Building, Inc., 2015 U.S. Dist. LEXIS 98405 (E.D. Pa. July 27, 2015) - This dispute arises out of a major renovation and expansion of the Franklin Institute in Philadelphia (the...more
Over the summer, this blog reported on how the Supreme Court of Pennsylvania managed to parse an employer’s liability exclusion to find that it did not exclude claims by employees of additional insureds. As the leaves started...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
Gongloff Contracting, L.L.C. v. L. Robert Kimball & Assocs., Architects and Eng’rs, Inc., 2015 Pa. Super 149 (Pa. Super. Ct. July 8, 2015) - Pennsylvania law generally bars negligence claims when the injured party has...more
In Babcock & Wilcox Co. v. American Nuclear Insurers, a divided Supreme Court of Pennsylvania, deciding an issue of first impression under Pennsylvania law, recently held that when an insurer defends its insured subject to a...more
Unanticipated subsurface conditions can greatly increase the time and cost of construction. When faced with such conditions, contractors understandably look to place responsibility for the additional costs on the owner....more
Last week, the Supreme Court of Pennsylvania issued a decision which has important consequences for all members of the construction industry involved with public works projects. In Clipper Pipe & Service, Inc. v. The Ohio...more
Clipper Pipe & Service, Inc. v. The Ohio Cas. Ins. Co., 2015 Pa. LEXIS 1275 (PA June 15, 2015) - The Supreme Court of Pennsylvania held that CASPA, 73 P.S. §§501-516, “does not apply to a construction project where...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