by Jeffrey C. Bright, Esq. and Ronald H. Pollock, Esq.Over the past year, many construction projects have suffered from volatile price fluctuations for materials. For example, the National Association of Home Builders estimates that increased lumber prices alone have...
The Pennsylvania Contractor and Subcontractor Payment Act (CASPA) generally applies to all private construction projects in the state of Pennsylvania. CASPA is a prompt payment law with teeth: If a contractor or subcontractor is the substantially prevailing party in...
Construction manager as advisor versus construction manager as constructor – which is right for your project?
There are a wide variety of project delivery and contract methods, each with unique wrinkles, responsibilities, and roles for the parties. A frequent topic that arises is whether a construction manager should be used and whether the construction manager should be “as...
Responding to government investigations in the wake of Pennsylvania Attorney General’s escalation of criminal prosecutions in the construction industry
The Pennsylvania Attorney General (AG) and other Pennsylvania prosecutors have recently undertaken aggressive criminal enforcement actions targeting the construction industry. Last week, a large heavy highway and bridge contractor was charged with millions in...
Does more money really cause more problems? A breakdown of “pay-when-paid” and “pay-if-paid” clauses
Picture this: You were hired by a general contractor to serve as a subcontractor on a private construction project. You performed all of your work in a good and workmanlike manner. The project’s owner accepted your work and the materials you used. Despite these...
Cash flow on a project is the oil that keeps the machine running. Unfortunately, sometimes one of the players on the project — an owner, higher-tiered contractor or subcontractor — runs into cash issues, becomes insolvent or files for bankruptcy. This can lead...
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