Articles & Resources

• 11/21/2012

  Recent Superior Court Decisions Interpreting the 2007 Amendments to the Pennsylvania Mechanics' Lien Law

  Author: Wayne S. Martin  |  Topics: Construction Law and Civil Litigation  |  Comments (0) Posted by

  For years Pennsylvania courts have strictly construed mechanics’ lien laws, but on January 6, 2012 in Bricklayers of Western Pennsylvania Combined Funds, Inc. v. Scott’s Development Company, 41 A.3d 16 (Pa. Super. 2012), the Pennsylvania Superior Court held that the mechanics’ lien law must be liberally construed.  Under this liberal interpretation the Court concluded that a trustee of ...

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• 12/08/2011

  Insurance on Construction Projects

  Author: Wayne S. Martin  |  Topics: Construction Law and Civil Litigation  |  Comments (0) Posted by

  Large commercial construction projects will undoubtedly include various types of insurance including commercial general liability, workers’ compensation, automobile liability insurance, umbrella and excess liability insurance, professional liability insurance, pollution liability insurance, builders risk insurance, railroad protective policy, etc.  Contractors and subcontractors know the importance of insurance.  This article gives some insight into the specifics of three types of insurance policies ...

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• 12/06/2011

  Pennsylvania Increases Bid-Limit Threshold for Local Governments

  Author: Wayne S. Martin  |  Topics: Construction Law and Civil Litigation  |  Comments (0) Posted by

  Effective January 1, 2012, local governments must advertise for low bids for contracts and purchases over $18,500.  The previous legislation set the minimum threshold at $10,000.  Similar legislation was adopted for the Townships, Boroughs, Counties and School Districts in Pennsylvania.  The legislation permits telephonic quotes from three qualified and responsible contractors for purchases and contracts between $10,000 and $18,500.  There ...

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• 10/05/2011

  Flood Insurance: Do I Need It? Can I Get It? Am I Paying Too Much for It?

  Author: Wayne S. Martin  |  Topics: Residential Real Estate Construction Law and Civil Litigation Commercial Real Estate  |  Comments (0) Posted by

  Do I Need It?

            Some advocates of the National Flood Insurance Program (NFIP) say that if you can see, hear, or smell water then you should obtain flood insurance.  Granted, that is the conservative view, but for most of us, our home is our most valuable possession and between 20 and 25 percent of flood insurance claims come from ...

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• 10/05/2011

  Legal Issues Relating to a Signature

  Author: Wayne S. Martin  |  Topics: Business Law Construction Law and Civil Litigation  |  Comments (0) Posted by

   Occasionally, a client will ask a question about a signature: 

           “Can I sign a document on someone else’s behalf?”
          “Is an electronic signature or stamp just as good as one in original ink?”

   These are reasonable questions and important ones to any business. 

  A “signature” is defined as a “person’s name or mark written by that person or ...

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• 8/02/2011

  Doing Business with the Commonwealth of PA and The Availability of Interest on Late Payments

  Author: Wayne S. Martin  |  Topics: Construction Law and Civil Litigation  |  Comments (0) Posted by

  In today’s economic environment, governments are adopting ever more stringent austerity plans to reduce their deficit spending.  As a result, businesses that provide goods or services to governments must strictly adhere to applicable government regulations to ensure payment.  For small businesses providing goods or services to the Commonwealth of Pennsylvania, there is a law allowing the small business to recover ...

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• 8/02/2011

  Legislative Update - Private Transfer Fee Obligation Act

  Author: Wayne S. Martin  |  Topics: Construction Law and Civil Litigation  |  Comments (0) Posted by

  On July 1, 2011, Governor Corbett signed House Bill 442 into law.  This law prohibits private transfer fees entered into on or after July 1, 2011.  Private transfer fees are fees future land owners are obligated to pay to prior owners upon the transfer of the real property or for the right to make or accept the transfer of real ...

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• 8/02/2011

  Legislative Update - Fair Share Act

  Author: Wayne S. Martin  |  Topics: Construction Law and Civil Litigation  |  Comments (0) Posted by

  On June 28, 2011, Governor Corbett signed Senate Bill 1131 into law.  The law, known as the “Fair Share Act” reforms the state’s legal system by limiting a defendant’s liability in negligence actions to the percentage of the individual defendant’s fault.  Prior to adopting this law, Pennsylvania had what was known as "joint and several liability" meaning that if multiple parties are found to have ...

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• 5/24/2011

  Proposed Environmental Regulations to Have Significant Impact on Earth Disturbance Activities

  Author: Wayne S. Martin  |  Topics: Construction Law and Civil Litigation  |  Comments (0) Posted by

  On April 25, 2011, the federal Environmental Protection Agency (EPA) published notice of a proposed new Construction General Permit (CGP) in the Federal Register.  Currently, there are two options for obtaining authorization to discharge pollution to surface and ground waters:  (1) a National Pollution Discharge Elimination System (NPDES) permit; and (2) a CGP.  In Pennsylvania, the Department of Environmental Protection (DEP) has received the delegation of the ...

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• 3/08/2011

  What is a Responsive and Responsible Bidder?

  Author: Wayne S. Martin  |  Topics: Construction Law and Civil Litigation  |  Comments (1) Posted by

  Unless otherwise authorized by law, state and local governments must award contracts through competitive sealed bidding and award those contracts to the “lowest responsive and responsible bidder.”  Pennsylvania court decisions have given us the following insight into what is meant by the terms “responsive” and “responsible.” 

   Responsive Bidder  

  A responsive bidder is one that submits a bid which fully ...

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