The United States Supreme Court handed down its much anticipated decision in Janus v. AFSCME .
(Because of my involvement with litigation related to this decision there is not much commentary that I can offer at this time. Stay tuned.)
Public Contracts
Are Proprietary Specifications Illegal?
By Wally Zimolong on
A friend came to me with a question regarding a case he was working: “can a public owner require that bidders use a specific brand name product?” “Of course not,” I said “proprietary specifications are illegal.” Or, at least that’s what I assumed. To my surprise, the law in the Commonwealth of Pennsylvania is not…
Why a Challenge to Philadelphia’s Project Labor Agreement Would Be Successful
By Wally Zimolong on
There is a common misconception that all Philadelphia Public Works projects must be performed pursuant to a project labor agreement with various members of the Building and Construction Trades Council. This common misconception is even shared by the current Mayoral administration, who I saw in a recent court filing testified under oath that “project labor…
But Wait There’s More: Preserving Claims on Commonwealth Projects
By Wally Zimolong on
Posted in Public Contracts
On construction projects owned by the Commonwealth of Pennsylvania, a contractor may make a claim with the Board of Claims. But first, you must be aware of two limitations periods that could cause you to waive your claim if they are not met.
- The six month limitation period.
The first limitations period that you need…
Retainage on Pennsylvania Public Contracts
By Wally Zimolong on
Ah yes, retainage, what could represent your profit on a project and something frequently abused by owners on private and public projects alike. Fortunately, Pennsylvania law offers public works contractors some protection from retainage abuse. The Public Prompt Payment Act dictates when retainage can be withheld and when it must be released. Agencies that fail…
Philadelphia Voters to Consider Best Value Bid Procurement
By Wally Zimolong on
Posted in Public Bidding, Public Contracts
My friend and colleague, Chris McCabe, recently published an opinion piece on Philly.com concerning the May 16 ballot question that asks Philadelphia voters to approve a change in the way Philadelphia awards public contracts.
Currently, Philadelphia, like all municipalities in Pennsylvania, uses an objective lowest responsible bidder standard in the award of public contracts. Under this approach, public contracts must be awarded to a bidder that responds to all of the criteria of the request for bids and offers the lowest price. Under this traditional approach the award of public contracts is completely transparent.
Suing a Local Government in Land Use Cases – Part 2 – Procedural Due Process
By Wally Zimolong on
Posted in Government Contracts, Public Contracts
In my last post I discussed suing a local government for a substantive due process violation. In this post, I discuss a the right to procedural due process.
The Fourteenth Amendment of the United States Constitution protects prohibits the government from depriving an individual or business of life (in the case of an individual), liberty…
Suing a Local Government in Land Use Cases – Part 1 – Substantive Due Process
By Wally Zimolong on
Posted in Public Bidding, Public Contracts
Because of my personal political persuasions (pro-freedom) and success in litigating cases against the government and other media about those cases businesses frequently approach me about bringing claims against local governments and agencies for interfering with their Constitutional rights. Actions by local government agencies that could give rise to a Constitutional violation include: treating a…
Jury Verdict Obtained in “Landmark” Case Against the City of Philadelphia
By Wally Zimolong on
Posted in Public Contracts
Yesterday, in a case that attracted wide spread media attention (stories here and here), a jury in federal court ruled that the City of Philadelphia violated my client’s first amendment free speech rights when a Philadelphia City Councilperson blocked the sale of two city owned vacant lots to him in retaliation for my client…
5 Construction Law Trends to Watch in 2015
As we enter the New Year, here is a look at 5 areas that will be a hot bed of legal activity for contractors and their attorneys.
1. Aggressive Union Activity.
Decreasing membership and market share, will cause Big Labor to ramp up efforts to “persuade” public and private owners to use an all union…