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Service Rules for Mechanics’ Liens in Pennsylvania

10/17/2017 | 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 […]

Pennsylvania Superior Court Decided

10/6/2017 | Construction Blog

On September 27, 2017, the Pennsylvania Superior Court decided that the Bilt-Rite case, which held that an architect could be liable to a contractor for negligent misrepresentation, applies to other professionals as well.  The Court therefore reversed a trial court decision in favor of an accountant, stating that: “We find the court applied a too narrow reading to Bilt-Rite in determining that the case only concerns disputes involving an architect/contractor scenario. Rather, we conclude Bilt-Rite can be applied to other […]

Scheduling Experts Have A Variety Of Methods Available

9/28/2017 | Construction Blog

Scheduling experts have a variety of methods available to them for analyzing delays, but all methods are not equally reliable or persuasive, a point well illustrated by the April, 2017 decision of the United States Court of Federal Claims in K-Con Building Systems, Inc. v. United States, 131 Fed.Cl. 275 (2017).  That decision provides a detailed analysis of the competing opinions of the parties’ scheduling experts, and the court found that the scheduling analysis method employed by the defendant was […]

Bad Faith

9/28/2017 | Construction Blog

On September 28, 2017, the Supreme Court of Pennsylvania, in Rancosky v. Washington National Insurance Company, held that in order to recover in a bad faith action against an insurer under 42 Pa.C.S. §8371, the plaintiff must “present clear and convincing evidence (1) that the insurer did not have a reasonable basis for denying benefits under the policy and (2) that the insurer knew of or recklessly disregarded its lack of a reasonable basis.” Further, the Court held that proof […]

Launch of Enforcement of the Respirable Crystalline Silica in Construction Standard, 29 CFR § 1926.1153

9/25/2017 | Construction Blog

On September 23, 2017, OSHA will begin enforcement of the new respirable crystalline silica standard for construction (“new silica rule”). OSHA announced that during the first 30 days of enforcement of the new silica rule, it will consider good-faith efforts by employers in their attempt to comply with the new silica rule. OSHA will offer outreach and assistance to help ensure employers are fully and properly complying with the new requirements. The memorandum issued by OSHA on the subject can […]