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11/21/2017 | Construction Blog

On November 9, 2017,the Occupational Safety and Health Administration issued a rule delaying for one year, until November 10, 2018, the implementation of a Construction Crane Operator Certification requirement that was scheduled to go into effect on November 10, 2017.  The  crane operator certification requirement, based on an OSHA standard published in 2010, would require an independent third party certification of crane operators via testing and training.  Comments received by OSHA from the construction community questioned whether the independent testing […]

Service Rules for Mechanics’ Liens in Pennsylvania must be Strictly Followed

11/8/2017 | Construction Blog

The Philadelphia Court of Common Pleas decision in Bertino v. Clark-Dougherty, 2017 WL 4330687 (2017) is a reminder that the service rules for mechanics’ liens in Pennsylvania must be strictly followed.  In Bertino, the court granted preliminary objections and struck a mechanics’ lien claim because service of the notice of filing of the lien was made improperly, even though the property owner actually received the notice.  The Court found that service on the out-of-state property owner by regular mail, after […]

Under what circumstances will a non-signatory to an arbitration agreement be bound to arbitrate?

11/8/2017 | Construction Blog

Two recent decisions deal with this sometimes perplexing problem.  In Burns v. Sky Zone, the Pennsylvania Superior Court affirmed the trial court’s order denying preliminary objections seeking to enforce an arbitration agreement against an injured party whose spouse had signed an arbitration agreement in his name.  To be bound to arbitrate, the Superior Court ruled, the non-signatory must have had an agency relationship with the signatory based upon (1) express authority, (2) implied authority, (3) apparent authority, and/or (4) authority […]

“Integrated Project Delivery: Collaborative Innovation in the Construction Industry”

10/24/2017 | Construction Blog

On October 23, 2017, Kevin Amadio, a principal in Kaplin Stewart’s Construction Department, presented a program on “Integrated Project Delivery: Collaborative Innovation in the Construction Industry” for the Subcontractor’s Association of the Delaware Valley and moderated a panel discussion with a group of construction industry representatives about their experiences with IPD projects in the Philadelphia area.