Contractor Dispute in PA: Time for Construction Litigation?
Facing a contractor dispute in PA? Everyone knows the feeling, whether it has happened to you personally or to a friend or relative, where a construction project on their home doesn’t go as planned. A person’s home is their castle, and we naturally want everything to be perfect. Most contractors do their jobs well and only want to please their customers and get paid. But sometimes trouble strikes: on occasion, a contractor messes up and doesn’t deliver on his or her promises. That’s where the law can get involved. If you’re facing a contractor dispute in PA, here are answers to common questions you may have, as well as information about pursuing construction litigation!
FLB Wins Home Improvement Consumer Protection Act Case
Shareholder Joshua A. Gildea successfully represented a local contractor in a recent Home Improvement Consumer Protection Act (HICPA) case. While this act was designed to protect consumers, the law still protects contractors and home improvement professionals who construct home improvements. Mr. Gildea’s client, a contractor, was hired by homeowners to construct improvements to their home. […]
Construction Litigation: Considerations in Making a Claim Against a Surety Bond
The construction industry is inherently risky. With supply chain issues, safety hiccups, and multiple trades working together to make things happen, there are many opportunities for disputes. Every contractor is familiar with having to fight to get paid.
Construction Litigation: Contractor Liability to Third Parties
If you or your construction company are contracted for a project and months or even years after, someone is injured in the space where work was completed, are you liable? Recently, the Pennsylvania Supreme Court settled a split within Pennsylvania courts regarding a non-possessory contractor’s liability for harm caused to third parties by its workmanship.
What is “Commercially Reasonable” in UCC Article 9 Sales?
When lenders take on debt, there is always the chance of defaulting on repayment. If the loan is secured by personal property, not including real estate, the lender can sometimes foreclose more efficiently on the collateral under Article 9 of the Uniform Commercial Code (UCC).
Can “No-Poach” Agreements Be Enforced? Probably Not.
Pennsylvania’s Supreme Court recently ruled that contracts between businesses agreeing not to hire each other’s employees are not enforceable. Pennsylvania’s highest court, speaking on this legal issue for the first time, held that even where one company expressly agreed in writing not to hire employees of the other in what are often called “no-poach” or “no-hire” agreements, such a contract would not be enforceable.
Pennsylvania’s Judicial Emergency to Cease as of June 1
On May 21, 2020, the Pennsylvania Supreme Court issued an Order declaring that the previously established judicial emergency in Pennsylvania will cease after June 1, 2020. However, the Court also ordered that previously entered judicial orders in the intermediate appellate courts and local courts shall remain in full force and effect until they expire by […]
Update on PA Courts & Closures
On Tuesday April 28, 2020, the Pennsylvania Supreme Court updated its previous Orders, directing that the previously declared judicial emergency is extended through June 1, 2020. However, the Court also ordered that, beginning on May 4, 2020, the Courts shall be open to conduct business. At the same time, the Order directs that in-person access […]
Construction Sites to Reopen on May 1 – Guidance for the Construction Industry
Under new guidelines issued by the Wolf Administration in Pennsylvania, construction projects can reopen this Friday, May 1, 2020, as long as they observe social distancing rules. Previously, the Governor had ordered most construction projects to temporarily close down unless they were supporting life-sustaining businesses or were granted an exemption from the general “stay at […]
COVID-19: Guidance for the Construction Industry
The effects of the COVID-19 (Coronavirus) pandemic are being felt throughout the economy. No matter what trade you may be in, every small business faces some similarities in this crisis. You may have questions about the Paycheck Protection Program and Small Business Administration loans. And of course, every small business runs on cash flow, and […]