Published: April 25, 2017

A Pennsylvania appellate court recently reversed a trial court’s refusal to enforce an arbitration provision in the parties’ contract notwithstanding arguments that the agreement was illegible. Stanley and Carol Fellerman hired Historic Home Inspection to perform a home inspection prior to purchasing a new property. The Fellermans and Historic signed a contract that included an arbitration clause and limitation of liability provision. After a utility pole on the property fell and injured Mr. Fellerman, the Fellermans filed suit against several parties, including Historic.  

. . . . . .

Published: April 10, 2017

A recent Massachusetts Appeals Court decision affirmed a trial court’s award to a subcontractor for a loss of productivity claim despite the lack of a time extension request.  See Central Ceilings, Inc. v. Suffolk Construction Company, Inc., 15 -P- 1117 (March 29, 2017).  The contract between the Owner and the General Contractor (Suffolk Construction) provided for a significant bonus for on-time completion, but also significant liquidated damages if Suffolk did not complete the project as scheduled.

. . . . . .

Published: March 10, 2017

A recent decision from the Southern District of Florida heeds warning for Contractors and Owners to strictly comply with the terms of a payment bond.  See Arch Insur. Co. v. John Moriarty & Associates of Florida, Inc., 2016 WL 7324144 (U.S. Dist. Ct., S.D. Florida) December 12, 2016.  Here, the General Contractor’s failure to comply with the terms of the payment bond resulted in the rejection of a nearly $1,000,000 demand for completion costs under subcontractor’s performance-and-payment bond.

. . . . . .

Published: January 31, 2017

Economists are predicting a chill in the high-end rental market, which was previously experiencing a nation-wide boom in recent years as young, urban high-earners remained disillusioned by and recovered from the 2009 financial crisis and wealthy retired boomers turned to cities for empty-nest alternatives.

. . . . . .

Published: January 6, 2017

Significant amendments to Pennsylvania’s Mechanics’ Lien Law took effect on December 31, 2016, creating new rights and obligations for owners, contractors, subcontractors, and suppliers on qualifying construction projects.

. . . . . .

Published: January 5, 2017

The New Hampshire Supreme Court recently held in the case of City of Rochester v. Marcel that the statute of limitations applies to municipalities in contract actions, providing contractors, engineers and architects with a defense not previously available. 

. . . . . .

Published: January 4, 2017

A recent Massachusetts State Court decision denied a General Contractor’s claim for an equitable contract adjustment due to extreme winter conditions. See Cumberland Farms, Inc. v. Tenacity Construction, Inc., C.A. No. 2015-CV-01589-BLS2 (Mass. Super. Nov. 16, 2016)(Sanders, J.). The General Contractor alleged that harsh weather conditions during the Winter of 2014 delayed two construction projects. The Contractor claimed an “equitable adjustment” of the Master Contract, to receive additional payments from the Owner for diminished productivity and decreased efficiency. 

. . . . . .

Published: May 13, 2016

Summary On May 11, 2016, the Occupational Safety and Health Administration (OSHA) unveiled a final rule requiring electronic reporting of workplace injuries and illnesses, requiring employers to inform workers of their right to access injury and illness data, and prohibiting retaliation against employees for reporting on-the-job injuries and illnesses. The new reporting requirements take effect in January 2017; however, the anti-retaliation provisions take effect August 10, 2016.

. . . . . .

Published: April 20, 2016

The Federal Transit Administration (FTA) has proposed new policies on the applicability of the Buy America provisions in the Fixing America’s Surface Transportation (FAST) Act.  Under the proposed policies, the Buy America provisions in the FAST Act do not apply to contracts entered into before October 1, 2015.  FTA also proposed public interest waivers for contracts entered into between October 1, 2015 and December 4, 2015, and for some contracts entered into after December 4, 2015.  For contracts entered into after December 4, 2015 that do not fall within the scope of a gen

. . . . . .