You obtained an award in an arbitration. The arbitrator directed your adversary to pay. But the deadline has passed and you have not received payment. Now what? The award must be confirmed by a state or federal court so that you can use judicial execution practice to collect on the award. Under Section 9 of
Construction Law
Contesting an Upset Tax Sale
By Wally Zimolong on
Posted in Construction Law
What is an upset tax sale?
Upset tax sales are the process by which Pennsylvania counties sell properties to recover unpaid real estate taxes. Upset sales occur in September each year. The properties are sold at auction.
What are the notice requirements of the upset tax sale law?
It is well settled that the statutory…
The Pennsylvania Contractor and Subcontractor Payment Act
By Wally Zimolong on
Posted in Construction Law, Prompt Payment Act
Background
73 P.S. § 501, et. seq. is known as the Contractor and Subcontractor Payment Act (“CASPA”) is a statute that was enacted in 1994 “to cure abuses within the building industry involving payments from contractors to subcontractors and to encourage fair dealing among the parties to a construction contract.” Zimmerman v. Harrisburg Fudd I…
Zoom Webinar: State and Federal Prompt Payment Act
By Wally Zimolong on
Posted in Construction Law
On Friday, November 6, 2020 at 10:00 a.m. I am hosting a free zoom webinar on federal and state prompt payment act (primarily New Jersey and Pennsylvania). Owner learn how not to get smacked with heavy interest and attorneys fees on small payment disputes. Contractors and subcontractors learn how to get your invoices paid and…
Federal Arbitration Act Preempts Pennsylvania Payment Act
By Wally Zimolong on
Posted in Construction Law
I am back. It feels like an entirety since I last posted. But a hellacious trial schedule got me off the blogosphere for some time. Plus, there was nothing to write about.
But I am back with a bang thanks to a decision from the Eastern District of Pennsylvania concerning the interplay of a forum…
SCOTUS Opens Up Federal Courts to Land Owners
By Wally Zimolong on
Posted in Construction Law
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. …
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…