Supplemental Conditions

Monthly Archives: July 2013

Wally Zimolong Obtains $86,000 Settlement for Stucco Defects

Posted in Construction Defects

Wally Zimolong, Esquire, founder of Zimolong, LLC, announced today that he had obtained an $86,000 settlement from a real estate developer and its real estate broker over claims that they built and sold a home that leaked because of defective stucco. Two homeowners, a husband and wife, brought the case in the Philadelphia Court of… Continue Reading

A Reminder Not to Commit DBE Fraud

Posted in Disadvantage Business Enterprises (DBE), Public Bidding, Public Contracts

As has been discussed on this blog, the most common form of fraud involving the Department of Transportation’s disadvantaged business enterprise program, involves a “pass through” entity that performs little or no actual work on the construction project.  Under this common scheme, a general contractor hires a subcontractor that has been certified a DBE and… Continue Reading

L&I Continues to Skirts Its Responsibilities

Posted in Infrastructure Construction, OSHA

Has anything changed with the way L&I conducts business in the wake of the Market Street building collapse?  Perhaps not surprisingly, no. In today’s Philadelphia Daily News, Helen Urbinas shares a story of a neighbor who is plagued by an adjoining home that is in danger of collapse. Despite a report from a structural engineer… Continue Reading

A Lesson In Being Wary of Under Budget Bids

Posted in Contracts, Public Contracts

Owners should never be “thrilled” with bids that come in substantially under budget because it usually means something is either wrong with their construction documents or their contractor intends to make up there thrilling under budget bid with scope related change orders. According to ENR, Taisei Construction Company has filed a lawsuit against San Joaquin… Continue Reading

Will the Supreme Court’s Fisher Decision Impact the DOT DBE Programs?

Posted in Disadvantage Business Enterprises (DBE)

(This post is a guest blog post from John Sullivan, Esquire.  John specializes in DBE issues and disparity studies.  His website is and his he can be reached via email at During the last week of its just-concluded term, the United States Supreme Court ruled on the constitutionality of racial preferences at the… Continue Reading