News and Insights

INSIGHTS  |  ARTICLE  |  03.29.2023

How abolishment of non-compete agreements would impact the franchise model

The U.S. Federal Trade Commission has proposed a ground-breaking rule with the potential to upend the franchise model. Non-compete agreements, which prohibit a franchisee from operating a competing business during...

INSIGHTS  |  ARTICLE  |  01.06.2023

Pay-When-Paid vs. Pay-If-Paid Clauses in Construction Contracts

Pay-if-paid clauses in construction contracts can have major implications for a business’s bottom line. With a pay-if-paid clause, a subcontractor could be at risk of never being paid for the...

INSIGHTS  |  ARTICLE  |  11.16.2022

Are oral change orders valid and enforceable?

A frequent problem on construction projects is when the owner or higher tiered contractor orally instructs changes or extra work, even though the contract says that all changes must be...

INSIGHTS  |  ARTICLE  |  11.09.2022

Zoning 101: The regulatory lay-of-the-land

Zoning is one of the most important – yet controversial – municipal powers in Pennsylvania. Zoning allows a municipality to dictate how land within its boundaries may be developed and...

INSIGHTS  |  ARTICLE  |  11.03.2022

Pennsylvania Enacts Significant Changes to Condominium, Cooperative and Planned Community (HOA) Laws

Act 115 impacts meetings, voting and bylaw requirements Residents, board members and community managers in Pennsylvania condominium and homeowners associations, as well as developers that create these communities, will need...

INSIGHTS  |  ARTICLE  |  11.01.2022

Tactics for handling downstream insolvency on a construction project

Several news outlets have been reporting that economists are predicting a recession in 2023. When the economy struggles, it can create financial strain on developers, contractors, subcontractors, suppliers and others...

INSIGHTS  |  ARTICLE  |  10.18.2022

Proposed DOL rule targets independent contractor status

The U.S. Department of Labor has issued a proposed rule that would significantly alter an employer-friendly, Trump-era test for determining whether a worker is an independent contractor or an employee....

INSIGHTS  |  ARTICLE  |  10.04.2022

Does acceptance (or remittance) of final payment waive claims on a construction project?

A frequent issue that arises on construction projects is whether the acceptance or remittance of final payment acts as a waiver of claims. An owner or higher-tiered contractor may fear...

INSIGHTS  |  ARTICLE  |  09.08.2022

Mechanics’ liens and the bankrupt owner

When the owner on a construction project files bankruptcy, it is almost certain that someone down the line has not been paid for their work. One of the biggest protections...

INSIGHTS  |  ARTICLE  |  08.24.2022

Handling Payment Claim Deadlines on Construction Projects in Maryland, Pennsylvania, and Washington, D.C.

Most construction companies know that deadlines exist for payment claims on construction projects. These deadlines can be complex, depending on the circumstances and location of the project. Maryland, Pennsylvania, and...