What is HICPA and when does it apply?

73 P.S. § 517.1, et. seq. is known as the Home Improvement Consumer Protection Act (“HICPA”).   73 P.S. § 517.1 (“This act shall be known and may be cited as the Home Improvement Consumer Protection Act.”)  HICPA was enacted to regulate home improvement contracts and to prohibit

On July 28, 2015, the Pennsylvania Supreme Court agreed to consider an appeal from a Superior Court opinion involving the Pennsylvania Contractor and Subcontractor Payment Act.  To call the case significant is  an understatement because if the Supreme Court overturns the Superior Court, agents and principals of real estate development entities will become personally liable

Over budget construction projects are all too common problem for project owners.  A Google News search of the term “construction cost overruns” yields the following stories for the month of July 2013 alone:

  • A VA hospital that is $400 million over budget;
  • A nuclear power plant that is $700 million over budget; and
  • An airport

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

We are witnessing an explosive growth of newly constructed pipelines to carry shale oil and natural gas.  This is a tremendous opportunity for contractors looking for new markets to grow revenue.  Because pipeline construction is happening in many areas for the first time in decades, for many contractors it is probably  the first time they

(Note:  My DBE related blog post are always among the most read.  When I recently asked folks for help coming up with a future blog post topic, DBE “regular dealer” issues was a near unanimous response.)

Under the Department of Transportation (“DOT”) DBE regulations, contractors can only count the value of the work actually

The headline of a recent article on Lexology grabbed my attention:  “How to Guarantee the HOA Can’t Litigate the Condo Construction Defect Claims.”  The authors’ means to preventing litigation of construction defect claims was even more intriguing: arbitration clauses.

How can arbitration clauses guarantee that no ligation over construction defect claims occurs?  It can’t.  Arbitration