When a dispute arises on a construction project, an initial question is where must the dispute be litigated or arbitrated? The answer: It depends. Contract clauses may govern the issue. Other times, state-specific statutes might govern. The venue (location) and...
Pennsylvania Department of Labor and Industry increases enforcement of the Construction Workplace Misclassification Act
The Construction Workplace Misclassification Act (Act 72) went into effect in Pennsylvania in 2011 and sets guidelines for classification of independent contractors in the construction industry. In recent years, the Pennsylvania Department of Labor and Industry (DLI)...
In the construction industry cash flow is imperative to keep projects moving and your company profitable. Unfortunately, sometimes a project is slow to pay, for whatever reason. As a rule of thumb, it is generally wise to consult your attorney as soon as an...
An increasingly popular trend in construction contracts is to include sole discretion language, which expresses that a breach of contract, change order, withholding, or right to terminate is at the “sole discretion” of the higher tiered contractor or owner...
When a project fails to timely meet milestones or completion dates, disputes often arise. Sometimes, the owner threatens to assess liquidated damages. Other times, however, it may be the contractor who has a claim against the owner. Three typical claims that a...
Receiving timely payment is a key priority for all construction companies. Retainage clauses are a crucial point of interest because they determine when a portion of payment will be released for the work. Retainage is a withholding of a percentage of each...
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