Supplemental Conditions

Monthly Archives: October 2013

The Difference Between Patent and Latent Ambiguities: Compensation

Posted in Patent Ambiguity Rule

A client recently came to me regarding ambiguous and conflicting specifications on a transportation project.  As with many contract ambiguities in a construction contract, the resolution of the interpretation meant the difference between a profitable and an unprofitable job for the client.  However, in construction not all ambiguities are treated equally.   Understanding the difference… Continue Reading

Superior Court Takes First Step Toward Making Payment Act a Nuclear Weapon

Posted in Prompt Payment Act

Despite the Pennsylvania Contractor and Subcontractor Payment Act’s threats of penalties of 1% interest per month, 1% penalty per month, and attorneys fees, the payment abuses it was intended to remedy remain a problem.  Generally, when an owner is threatened with a Payment Act claim they hardly run for their check books.  However, a recent… Continue Reading

The Quickest Way to Get Rid of Commercial Tenant

Posted in confessions of judgment

Tenants who fail to pay their rent or who are breaching other covenants in the lease are the bane of a commercial landlord’s existence.  The answer?  A confession of judgment for possession. Pennsylvania continues to be one of the only states that permit judgments to be entered by confession in connection with commercial leases. Although… Continue Reading

Change Order? You Don’t Need No Stinkin’ Change Order

Posted in Change Orders, Public Contracts

ENR Risk Review has a story about an engineer’s lawsuit for additional compensation for work that was not memorialized in a formal written change order.   The case brings to mind an often unknown rule in Pennsylvania regarding verbal change orders. Claims for additional compensation where no written change order exists are common.  What comes… Continue Reading

FAQ’s About Union Picketing

Posted in Picketing, Unions

With a high number of their members still out of work and an increased willingness of owners to build projects using non-union construction in traditional union dominated markets, trade unions have increased their picketing activity on projects using non-union labor.  Here is a list of frequently asked questions we receive from owners and contractors working… Continue Reading