Real Estate Law

Recent Posts

The Pennsylvania Contractor and Subcontractor Payment Act, as well as the Pennsylvania Prompt Payment Act, are Subject to the Six-year Statute of Limitations Set Forth in Section 5527(b) of the Judicial Code
Posted on 4 Jun 2015 by Babst Calland

By Dylan B. Spadaccino, Esq. In East Coast Paving & Sealcoating, Inc. v. North Allegheny School Dist ., No. 751 C.D. 2014 (Pa.Cmwlth. March 6, 2015) , East Coast filed a complaint against the School District seeking, among other things, damages... Read More

Texas Court Considers Application of Action Over Exclusion In Construction Injury Claim
Posted on 16 Aug 2013 by Brian Margolies

n its recent decision in Preferred Contrs. Ins. Co. Risk Retention Group v. Oyoque Masonry, Inc., 2013 U.S. Dist. LEXIS 105386 (S.D. Tex. July 26, 2013) [ enhanced version available to subscribers ], the United States District Court for the... Read More

2014 California Roundup of Mechanics Lien Decisions: Most Were Pro-Claimant, But Construction Lenders Did Well Too
Posted on 2 Feb 2015 by LexisNexis Legal Newsroom Staff

By Mr. William Michael Hensley Get the latest expert analysis on California mechanics liens cases. This article covers recent cases and their practical implications. Excerpt: Effective on January 1, 2011 and then July 1, 2012, California overhauled... Read More

Reminder: Know Your Contractor Licensing Rules
Posted on 31 Jul 2014 by Christopher G. Hill

In the course of my construction law practice , I have the pleasure of speaking with and talking to contractors and subcontractors that are based in Virginia and also based in other states. With the more nationalized construction landscape due to the... Read More

No Written Change Orders
Posted on 29 Jan 2015 by Vandeventer Black LLP

By Kevin Rust Most construction contracts have provisions that bar any payment for work outside the scope of the contract unless there is a written change order. All contractual provisions, at least in North Carolina, may be waived. Thus, even if your... Read More

A Word of Caution to Design-Builders
Posted on 11 Sep 2015 by Vandeventer Black LLP

By Ashley Moss The Virginia Department of Professional and Occupational Regulation (“DPOR”) licenses professional contractors, engineers, and architects in Virginia and punishes those who violate licensure laws. Although sometimes overlooked... Read More

Construction Bonds - A Relatively Small Exception to Fraud and Contract Don’t Mix
Posted on 23 Jun 2015 by Christopher G. Hill

Remember all of my posts about how fraud and contract claims don’t usually play well in litigation? Well, as always with the law, there are exceptions. For instance, a well plead Virginia Consumer Protection Act claim will survive a dismissal challenge... Read More

Legislative Update: Bill Introduced in the Pennsylvania House of Representatives to Amend the Contractor and Subcontractor Payment Act
Posted on 8 Jun 2015 by Babst Calland

By Jim Miller House Bill 726 (the “Bill” or “HB 726”), [ enhanced version available to subscribers ], seeks to make several amendments to the Pennsylvania Contractor and Subcontractor Payment Act, 73 P.S. §... Read More

Carbon Monoxide Poisoning From Defectively Installed In-Floor Radiant Heating System Was a Pollutant
Posted on 12 Jun 2013 by LexisNexis Real Estate Law Community Staff

In Midwest Family Mut. Ins. Co. v. Wolters , 2013 Minn. LEXIS 304 (Minn. May 31, 2013) [ enhanced version available to subscribers ], the Supreme Court of Minnesota held that an absolute pollution exclusion applied to bodily injury that had... Read More

Proposed Amendment to Mechanics’ Lien Law Seeks to Give Architects Lien Rights in Pennsylvania
Posted on 9 Jun 2015 by Babst Calland

By Marc J. Felezzola Representative Dan Truitt , a Republican serving part of Chester County, Pennsylvania, recently proposed as House Bill 430 legislation, [ enhanced version available to subscribers ], that seeks to amend the Pennsylvania’s... Read More

The Anatomy of a Construction Dispute Stage 2- Increase the Heat
Posted on 1 Apr 2015 by Christopher G. Hill

Last week we discussed the groundwork and circumstances of a construction claim . This week’s post will discuss the next steps, hopefully short of full blown arbitration or litigation that you, as a construction company, can pursue presuming your... Read More

A Construction Stitch in Time
Posted on 12 Nov 2015 by Christopher G. Hill

It’s a cliche for a reason that “A Stitch in Time Saves Nine.” Why? Because it is almost always cheaper and more efficient in the long run to get something right the first time than to fix it later. This old adage is true in life, and... Read More

Stakes Raised In Real Estate Agent Independent Contractor Case
Posted on 11 Feb 2015 by Vetstein Law Group, P.C.

SJC To Hear Important Employment Classification Case The critical question of whether real estate agents are governed by the state’s strict independent contractor law is now headed to the Supreme Judicial Court, the highest appellate court... Read More

Warranty Provisions Deserve Careful Consideration from Contractors
Posted on 12 Feb 2015 by Vandeventer Black LLP

By Casaundra Maimone , Attorney, Vandeventer Black LLP It goes without saying that a contractor should carefully review all of the proposed terms and negotiate all of the final terms of a construction contract such that the provisions are best tailored... Read More

Think Twice About Heading to Court with a Construction Claim
Posted on 30 Jul 2014 by Christopher G. Hill

Here at Construction Law Musings , I have discussed many areas of the law relating to construction claims. Most of this discussion has focuses on the claim itself, whether made by breach of contract lawsuit, payment bond claim or mechanic’s lien... Read More