Articles & Resources

• 12/30/2010

  Do I Really Need an Attorney?

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

  A common question asked by clients who find themselves in litigation, and rightfully so, is do I really need to hire you or can I just handle this myself?  They say that he who represents himself in court has an idiot for a lawyer and a fool for a client.  I am not sure of that proverb’s origin, ...

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• 5/19/2010

  Bond Verification

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

  The instability of today’s economy holds many repercussions for the construction industry. Contractors have less work and lower cash flow affecting their ability to repay loans and leases. Owners seeking to build are being pushed by those financing the projects to increase the financial security furnished by the contractors to guarantee payment and performance. Sureties that relaxed their underwriting standards ...

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• 12/08/2024

  Mechanics’ Liens and Arbitration Clauses

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

  Mechanics’ lien laws can give contractors, subcontractors and suppliers significant leverage in nonpayment situations. Before the 2007 Amendments to the Pennsylvania Mechanics’ Lien Law, there were conflicts between the procedural rules for enforcing the lien and typical arbitration provisions found in construction contracts. For example, a complaint to enforce the lien must be filed in county court within two years ...

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• 11/20/2009

  Treatment of Commercial Leases in Bankruptcy

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

  Commercial landlords are increasingly finding themselves thrust into bankruptcy courts when a tenant files for bankruptcy protection. Click on a full article for a discussion of bankruptcy issues and procedures relating to commercial leases.

  One of the hottest trends in 2009 is declaring bankruptcy. On April 30, 2009, Chrysler became the first major American automaker to seek bankruptcy protection since ...

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• 7/30/2009

  The Pennsylvania Home Improvement Consumer Protection Act: An Update

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

  On July 1, 2009, the Pennsylvania Home Improvement Consumer Protection Act took effect. Do not let the title deceive you; your business may fall within the breadth of this new law. Covered under the Act are contractors (1) that made more than $5000 during the previous taxable year from home improvement contracts; (2) that contract to repair, replace, remodel, demolish, ...

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• 7/30/2009

  The Pennsylvania Mechanics’ Lien Law

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

  On June 4, 2025 the Pennsylvania Superior Court ruled that contractors and subcontractors are entitled to profits and post judgment interest, but not prejudgment interest or attorney’s fees.

  Profits

  The Pennsylvania Mechanics’ Lien Law limits damages to amounts owed for labor and materials, however, some Pennsylvania Courts have granted profits on the labor. Recently, the Superior Court granted what amounted ...

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• 7/29/2009

  ALERT to General Contractors: Subcontractors Insurance Coverage May Not Protect You

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

  In 2006, the Pennsylvania Supreme Court decided Kvaerner Metals Div. of Kvaerner U.S., Inc. v. Commercial Union Ins. Co.1 denying coverage to a general contractor under its commercial general liability (CGL) insurance policy for damage to a project arising out of a subcontractor’s faulty work. Pennsylvania contractors are finally beginning to understand the impact of this decision. To date, over ...

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• 5/19/2009

  Contractors and Homeowners: the Pennsylvania Home Improvement Consumer Protection Act May Apply to You!

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

  On July 1, 2009, the Pennsylvania Home Improvement Consumer Protection Act takes effect. Do not let the title deceive you; your business may fall within the breadth of this new law. Covered under the Act are contractors (1) that made more than $5000 during the previous taxable year from home improvement contracts; (2) that contract to repair, replace, remodel, demolish, ...

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