Supplemental Conditions

Monthly Archives: June 2012

OSHA Issues Alert on Silica Use in Fracking – Cue the Plaintiffs’ Bar

Posted in Marcellus Shale, OSHA

Oil and Gas Lawyer Steven Saunders in Scranton tipped me off to a new OSHA Bulletin entitled “Worker Exposure to Silica during Hydraulic Fracturing.”  A copy of the Bulletin is available HERE.  With this Bulletin, contractors working in the oil and gas industry can be assured that OSHA is going to be paying close attention to… Continue Reading

A Look at Drilling Contracts Under Pennsylvania Law

Posted in Contracts

You may have heard that there is a bit of natural gas drilling going on in Pennsylvania.  Thus far, the legal issues have dealt with environmental regulations, zoning, leasing, and rights of way.  The players involved in those matters have generally been landowners, government agencies, and the natural gas companies (the well operators).  The Courts… Continue Reading

DOL to Hold Prevailing Wage Seminar

Posted in Contracts, Davis Bacon Act, Public Bidding, Public Contracts

The Department of Labor is holding a seminar on the Davis Bacon Act and related federal prevailing wage laws in Philadelphia on July 10-12, 2012. To sign up for a training session, email name, title, organization, email address and training location to For more information, visit

The Problem With Low Bid

Posted in Contracts, Public Bidding

Time and time again I see the old adage “if it is too good to be true it probably is” applying to a project gone array.  This was apparently the case with the Palo Alto, CA Library project where the low bidder came in $8 million below the next low bid.  Whatever dreams the local authority… Continue Reading

How Natural Gas Could Benefit Southeastern Pennsylvania The Most

Posted in Infrastructure Construction

Forbes Energy Blog has a guest post from Navigant on why exporting liquefied natural gas (LNG) is a good idea for America.  Exporting LNG is also a must for Pennsylvania in maximizing the economic benefits of the Marcellus beyond just the drilling regions. Southeastern Pennsylvania already has the rough infrastructure to make it a LNG export hub… Continue Reading

Should Arbitration Be Avoided At All Costs?

Posted in Contracts

ENR has an interesting blog post about a panel discussion on claims held at the Structural Congress of the American Society of Civil Engineers in March where the topic of arbitration was discussed. I know there remains a small but vocal anti-arbitration bias among  attorneys but I found the advice of the attorney on the panel particularly surprising… Continue Reading

Liquid Assets

Posted in Infrastructure Construction, Public Contracts

Check out this trailer for the PBS documentary “Liquid Assets.” Sums up nicely the need to repair our crumbling infrastructure. It also indirectly makes the case for PPP’s especially in the area of water and sewer systems where private companies (like Philly’s own Aqua American) can upgrade, repair, and manage these systems far more effectively… Continue Reading

Florida’s Anti-Cuba Law

Posted in Public Bidding

ENR has an interesting article about a legal challenge to Florida’s (the State not the rapper pictured right) new law that bars the awarding of public contracts to firms that have business interests in Cuba or Syria.   In the case mega-construction firm Oderbrecht seeks to invalidate the Florida law on several constitutional grounds.  First, Oderbrecht… Continue Reading

Interesting Study on State of Our Water Sytems

Posted in Construction Law, Public Bidding

Underground Construction has an article on the results of a study concerning the current state our water systems.  The results are bad news for those that live in areas that are prone to water main breaks (like Philadelphia) and potential good news to the contractors that will be required to perform the work to fix,… Continue Reading

Anti-Union v. Anti-Union Tactics

Posted in Picketing, Unions

Is the controversial Goldtex project the beginning of the end for the last union-town in America?  Ryan Briggs over at has an interesting piece that explores this question.   I have been an outspoken proponent of what the developers of the Goldtex project are doing.  I applaud them not because they are trying to bust up… Continue Reading

The Statutue of Repose Has Its Moment and Why You Should Care

Posted in Construction Law, Contracts, Public Bidding

Most of the attention given to our country’s aging infrastructure has concerned what we should do to fix it.  Most of the attention contractors have given it has concerned how they can fix it. However, contractors should also be giving attention to their current liabilities on aging – and long ago completed – infrastructure projects. … Continue Reading

Philadelphia Based Gas Group Forms

Posted in Construction Law

A new trade organization called the Delaware Valley Marcellus Association has formed.  According to the Association’s web page The Delaware Valley Marcellus Association acts as a new business conduit between gas development companies operating in the Marcellus Shale and the Philadelphia region’s rich trove of potential business partners. Founding members of the association include KPMG… Continue Reading

Why all the flack for frack?

Posted in Construction Law

Whoever invented fracking should win an award.  Watching this video made me realize that fracking is a triumph of human ingenuity rather than an environmental nightmare.   On a less philosophical note, contractors should take notice on the construction techniques used to drill for natural gas.  We have only begun to develop the infrastructure necessary to… Continue Reading