Supplemental Conditions

Monthly Archives: August 2011

Can An Equipment Rental Company File a Mechanics Lien?

By Wally Zimolong on Posted in Mechanics Liens

Yesterday, I presented at a CLE on Pennsylvania’s Mechanics Lien Law.  As usual, I received great questions from those in attendance.  One questioner asked an interesting questions regarding whether an equipment rental company was prohibited from filing a mechanics lien in Pennsylvania.  I thought the answer was fairly easy and gave a quick “No” response. … Continue Reading

Temple of Delay: Spielberg Makes Delay Claims Interesting, Dooms Subcontractor’s Claim In The Process

By Wally Zimolong on Posted in Delay Claims

Last night, I took a break from Hurricane Irene coverage and caught an episode of  the Discovery Channel’s award winning, Steven Spielberg produced documentary, The Rising:  Rebuilding Ground Zero.  Interestly, the episode I caught dealt with construction project scheduling and delays.  Specifically, it focused on the challenges that  the project’s concrete subcontractor was having maintaining the schedule… Continue Reading

Investing in Unready Projects

By Wally Zimolong on Posted in New Projects, Project Labor Agreements

In an earlier post, I outlined what a common seanse infrastructure bill should look like.  As the Wall Street Journal reported yesterday, President Obama is apparently not an avid reader of Supplemental Conditions because he is getting ready to market a new “investment” in infrastructure spending program that misses the mark entirely.  I understand that many underemployed… Continue Reading

Beware of Standard Lien Waivers and Releases

By Wally Zimolong on Posted in Mechanics Liens

A few months ago I wrote an article for Construction Executive Magazine about a Western District of Pennsylvania case, Sauer, Inc. v. Honeywell, that discussed the devils that exist in the details of standard lien waivers and releases and the dangers that lurk for those that do not pay attention to them. My article that… Continue Reading

Market Down, Materials Up

By Wally Zimolong on Posted in Contracts

Despite the slowing economy, the threat of a double dip recession, and the general malaise in the construction industry, the cost of building materials continues to rise.  In this month’s issue of Construction Executive Magazine, I offer some ideas on dealing with rising price of materials.  Here is a link to the article.

Update: Cement Workers Ordered Back to Work

By Wally Zimolong on Posted in Construction Labor Law, Project Labor Agreements

Crain’s New York Business is reporting that an arbitrator has ordered striking concrete workers back to work on four sites covered by project labor agreements (“PLA’s”).  In my previous post, I discussed how these workers were violating the terms of the PLA’s No Strike/Work Stoppages Clause. Despite the Cement Union’s decision to ignore the clear… Continue Reading

PLA Fails to Prevent NYC Strike

By Wally Zimolong on Posted in Project Labor Agreements, Secondary Boycott, Unions

The Concrete Union strike in New York and subsequent walk off on the World Trade Center Memorial and Madison Square Garden projects  made minor fanfare this week.    What many do not realize is that the Concrete Union was the signatory to a project labor agreement (“PLA”) covering these project which is supposed to prevent… Continue Reading

Thou Shall Not Picket the Sabbath: More Fallout from Brandon Medical Center

By Wally Zimolong on Posted in Construction Labor Law, Picketing

As promised, I am back blogging on construction (however, my previous posts will not be the last your hear about hard money lending). In a previous post, I discussed the scuttlebutt surrounding NLRB’s decision in Brandon Medical Center, which blessed the use of large inflatable rats to protest a secondary employer’s decision to hire a… Continue Reading