Supplemental Conditions

Monthly Archives: April 2014

Supreme Court Reestablishes Lien Law Precedent (Sort of)

Posted in Mechanics Liens

In January 2012, the Pennsylvania Superior Court issued a decision in Bricklayers of Western Pennsylvania Combined Funds v. Scott’s Development Co., that we called a “mechanics lien earthquake” because it overturned decades of prior precedent that in order to properly file and perfect a mechanics lien, a contractor or subcontractor, needed to strictly follow the… Continue Reading

Did a DBE Compliance Program Prevent Jail Time?

Posted in Disadvantage Business Enterprises (DBE)

Another week and another case of DBE fraud resulting in significant fines.  This one involves Connecticut construction firm that agree to pay $2.4 million in fines to settle the fraud allegations.  The story follows an all to familiar “pass through” fact pattern:  a construction company obtains transportation contracts, commits to performing work using certain DBE firms,… Continue Reading

Is the False Claims Act Big Labor’s New ‘Area Standards’ Weapon?

Posted in False Claims Act

In early March, the United States Federal Court for the Southern District of Ohio unsealed a complaint filed by the Painters and Allied Trade’s Council No. 6 against a painting contractor under the False Claims Act.  (A copy of the complaint can be viewed here: Complaint)  The Complaint is brought against a non-union painting subcontractor performing… Continue Reading