For nearly 36 years, the United States Supreme Court’s decision in Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City, 473 U.S. 172, 105 S.Ct. 3108, 87 L.Ed.2d 126 (1985) severely frustrated, if not all but foreclosed, a property owner’s right to bring a claim in federal court based on a regulatory taking.
Construction Law
Differing Site Conditions Webinar
By Wally Zimolong on
Posted in Construction Law
Government Contractors Need to Learn about Apprentice Programs
By Wally Zimolong on
Here is a link to the model legislation that I referenced in the video: http://www2.lecet.org/mura/clearinghouse/assets/File/Responsible%20Contractor%20Policy.pdf
Summary of Lien and Bond Laws
By Wally Zimolong on
Found an old chart I made summarizing the various deadlines for filing Pennsylvania, New Jersey, and Federal Lien and Payment Bond Claim that I used to give out to clients. It was pretty popular and I am not sure why I stopped giving it out. Anyway, I updated it and am making it available to…
CAPSA Changes Now in Effect
By Wally Zimolong on
Posted in Construction Law
Back in June, I posted about changes coming to the Pennsylvania Contractor and Subcontractor Payment Act (CAPSA), 73 P.S. Section 501, et. seq. The Act applies to virtually all private construction projects in Pennsylvania. As of last week (Oct. 10), those changes are effective. While there is some argument to the contrary, these changes are…
Owners and Contractors Beware: Pennsylvania (Significantly) Strengthens Contractor Payment Act
By Wally Zimolong on
Posted in Construction Law
Yesterday, Governor Tom Wolf signed into law House Bill 566 which make major changes to Pennsylvania’s Contractor and Subcontractor Payment Act. Owners and General Contractors that fail to take head of the changes could face significant financial consequences.
The Pennsylvania Contractor and Subcontractor Payment Act, known as CAPSA or simply the Payment Act, was passed…
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…
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…
The Little Ice Age and Delay Claims
By Wally Zimolong on
Posted in Construction Law
Much of the Eastern United States is just now emerging from a historic two week cold snap. In much of the Northeast and Mid-Atlantic, the temperature stayed below freezing for 15 days straight. Cities recorded the lowest temperatures in a quarter century. Winter Storm Grayson reeked havoc along the Eastern Coast bringing snow to places…
Revisiting OSHA’s Controlling Employer Policy
By Wally Zimolong on
Posted in Construction Law
The United States Court of Appeals for the 5th Circuit has been asked to review OSHA’s twenty year old “controlling employer” policy. As many contractors are surprised to learn, under OSHA’s controlling employer policy, you can be given an OSHA citation even when your own employee is not exposed to the alleged hazard.
A. The …