Philadelphia Construction Law Blog

With summer in full swing and the work weeks filling up with sweltering conditions for outdoor work, the Occupational Safety and Health Administration is renewing its emphasis on its “Water. Rest. Shade.” program. The informational effort is designed to warn workers about how heat stress occurs and, better yet, how to recognize the signs and prevent it.

Kaplin Stewart attorneys will be offering the second in their series of presentations on OSHA Regulations on July 25, 2013.  This presentation , entitled “Working at Heights: It’s Not By Your Grandfather’s Rules Anymore”, will focus on the rules governing scaffolds, ladders, tying off, and other rules and regulations governing work at varying elevations.  The program will run from 7:30-9:00 a.m. at Kaplin Stewart’s Blue Bell office and breakfast will be served.

Beginning May 7, 2013, all employers are required to use the newly released I-9 Form to verify employment eligibility for workers. Anyone using the form moving forward will be subject to penalties.

The DC Circuit Court of Appeals held in January that President Obama’s 2010 recess appointment of Craig Becker to the National Labor Relations Board was unconstitutional. In so doing, the Court concluded that valid recess appointments can only occur in intersession breaks of the Senate.

The critics are raving about Kaplin Stewart’s night at the movies.  Kaplin Stewart’s construction law department presented their program entitled “And the Oscar Goes To..? on May 9th to a full house at Kaplin Stewart. Using clips from Oscar nominated films they provided a refresher course on the OSHA regulations effecting the construction industry and had some fun along the way.  The discussion was lively and useful for all involved.

The issue of whether occurrence-based CGL policies provide coverage for property damage sustained as a result of faulty workmanship by contractors has been treated unevenly throughout the country. However, a recent decision by the Third Circuit Court of Appeals applying Pennsylvania law provided greater clarity on how occurrence-based policies are to be interpreted in the context of construction projects. The decision also left the door open to creative attorneys who may try to recover on such policies from a different angle though.

On Thursday, May 9, 2013, Kaplin Stewart’s construction law department will be offering a free program on OSHA regulations in the construction industry.  Using clips from Oscar nominated films to cover the material, the firm will add a little fun to a very serious topic.  The program will take place from 7:30-9:30 a.m. at Kaplin Stewart.  Breakfast will be provided.

Following the carnage left by Hurricane Sandy in New Jersey, the state legislature passed a bill allowing for the expansion of project labor agreements on construction projects using public money in the state. While they were already permissible by law, the new statute was seen as an attempt by labor unions to grab more of the market share and, as a result, the effort to rebuild New Jersey after the storm. In a veto message this week, New Jersey Governor Chris Christie hinted that he saw it the same way.

Engineering News-Record is reporting that the large New Jersey design firm Birdsall Services Group is embroiled in a pay-to-play scandal that could cause significant additional damage to the company. Birdsall recently filed for bankruptcy and is working through the process of reorganization.

A prior holding by the Supreme Court of New Jersey in Craft v. Stevenson Lumber Yard, Inc., declared that a construction lien claimant has a “statutory duty” under the Construction Lien Law “to allocate payments to the accounts from which they were derived”. In other words, contractors, subcontractors, and suppliers are not permitted apply payments originating from an owner on one project to another project to do things like pay off older debt. The Appellate Division’s recent decision in L&W Supply Corp. v. Joe DeSilva enlarges that obligation to one of inquiry based on reasonable suspicion.