News and Insights

INSIGHTS  |  ARTICLE  |  02.28.2020

Determining the forum and venue (location) for litigating and arbitrating construction disputes

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....

INSIGHTS  |  ARTICLE  |  01.28.2020

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...

INSIGHTS  |  ARTICLE  |  12.19.2019

The Importance of a Letter of Intent in Mergers and Acquisitions: Reach an Understanding Before Committing Time and Resources

This is the second installment in our four-part series, “Key Stages in Buying and Selling Businesses.” In this series, we explore critical stages in the mergers and acquisitions (M&A) process...

INSIGHTS  |  ARTICLE  |  12.11.2019

Pursuing Delinquent Accounts Receivable: When to Contact an Attorney

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...

INSIGHTS  |  ARTICLE  |  10.31.2019

The Problem with Sole Discretion Clauses in Construction Contracts

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...

INSIGHTS  |  ARTICLE  |  10.09.2019

Dental Practice to Pay $10,000 for Impermissible Disclosures of Patients’ Protected Health Information on Social Media

[Responding to a patient’s review on Yelp triggered an Office of Civil Rights (OCR) investigation of a small Texas dental practice recently which ultimately resulted in an agreement by the...

INSIGHTS  |  ARTICLE  |  09.30.2019

Understanding Types of Construction Scheduling Claims

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...

INSIGHTS  |  ARTICLE  |  08.28.2019

Getting Paid on Construction Projects: A Brief Refresher on Retainage

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...

INSIGHTS  |  ARTICLE  |  07.02.2019

Negotiating Construction Contracts

Whether you are a contractor, subcontractor or owner, negotiating contract terms is necessary to succeed as a business. For construction contracts, certain clauses tend to draw the most attention during...

INSIGHTS  |  ARTICLE  |  05.28.2019

Medical Marijuana in the Workplace: Considerations for Employers

Employers and human resources (HR) professionals are tasked with navigating how to handle medical marijuana in the workplace with little guidance from Pennsylvania courts. Adding to the complexity of this...