Supplemental Conditions

Monthly Archives: September 2011

Public Bidding and Bid Protests in Pennsylvania

By Wally Zimolong on Posted in Public Bidding

I planned a course for the Philadelphia Bar Association today called “Public Bidding and Bid Protest – A Primer on Pennsylvania Law.”  A special thanks to my friend Chris McCabe – who has been mentioned before on this blog – for a thorough and interesting presentation.  Chris is a “Dean” on public contracting law.  Here… Continue Reading

There Is No Insurance Coverage for Faulty Workmanship In Pennsylvania

By Wally Zimolong on Posted in Contracts, Insurance

A common misconception among contractors and owners is that their commercial general liability insurance policy covers property damage caused by faulty workmanship.  Pennsylvania breaks with many other states in holding that property damage caused by faulty workmanship is not an “occurrence” as defined in most CGL policies. In Kvaerner Metals Division of Kvaerner U.S., Inc. v…. Continue Reading

Does the Plan to Renovate Dilworth Plaza Violate the City Charter?

By Wally Zimolong on Posted in Public Bidding

On his blog PhillyDeals, Joe Distefano reports that the non-profit Center City District has hired Gilbane to review bids for the taxpayer funded $50 million plan to renovate Dilworth Plaza from a concrete jungle to a place you actually want to go.  So far so good.  However, although taxpayer funds are being used to renovate… Continue Reading

Section 303 Private Rights of Action: What Do If You Receive a Letter from the Carpenters’ Union.

By Wally Zimolong on Posted in Picketing, Secondary Boycott, Unions

Yesterday, I talked about how the Carpenters’ Union has been sending letters to neutral employers threaten to picket a job site if a merit shop contractor were permitted to perform work on that site.  I received multiple inquiries asking what a contractor can do if they are the target of such a letter.  The most… Continue Reading

On Offense: Carpenters Get Agressive with Letters to Neutral Employers

By Wally Zimolong on Posted in Picketing, Secondary Boycott

In the past year, the NLRB has issued a series of opinions which give a rather “liberal” interpretation of Section 8(b)(4)(B)’s prohibition on threatening, coercing, or restraining a neutral employer from doing business with someone.  Bannering, “Ratting,” and even infiltrating worksites impersonating federal immigration agents have all passed muster with the Board.  Apparently, bouyed by these… Continue Reading

Pennsylvania Looks to Amend Definition of Prevailing Wage

By Wally Zimolong on Posted in Davis Bacon

Earlier this week I posted about the GAO study which found serious flaws in the way the DOL formulates prevailing wage rates that must be paid to employees on federally funded construction projects.  The Davis-Bacon Act applies only to federally funded construction projects.  However, most States have so called “little Davis-Bacon” Acts which require prevailing… Continue Reading

Study Finds Errors In Davis Bacon Wage Rates Determinations

By Wally Zimolong on Posted in Davis Bacon

K&L Gates published an interesting review of a GAO study that – shockingly – found flaws in Davis – Bacon Prevailing Wage Act Determinations.  As readers probably already know, the Davis-Bacon Act requires contractors on federally funded construction projects to pay employees ”prevailing wages” and benefits.  The Department of Labor’s Wage-Hour Division sets the “prevailing wage”… Continue Reading