Construction Law in Pennsylvania

KNOW YOUR RIGHTS
When a construction project is deep
underway, the main goals is getting the
project finished, properly, and timely. At this
time, the property owner, contractor and subs
might not be thinking like lawyers. For
example, if you are the property owner, you
may be focused on the logistics of getting
your building (or addition or remodel) built
rather than getting all change orders in
writing.

AVOID PITFALLS
The 2007 amendments to the law in
Pennsylvania protect contractors,
subcontractors, and suppliers of materials
like never before. You need to know how to
use the law to your advantage.

CHANGE ORDERS
It is customary for a job to require one or
more change orders to accommodate the
needs of the owner, take into account
unforseen circumstances, and/or address the
availability of certain materials. Changes to
the original agreement are not always in
writing because of time constraints and
pressures to finish the job. In the end, this
creates significant difficulties in trying to
evaluate the rights and duties of the parties
when one party breaches the agreement.

INCOMPLETE TASKS
Your job might involve a list of items yet to be
performed, which is sometiems called a
"punch list." The phrase gets its name from
the historical process of punching a hole in
the margin of the document, next to one of the
items on the list. This indicated that the work
was completed for that particular construction
task. Two copies of the list were punched at
the same time to provide an identical record
for the architect and contractor.

SUBSTANDARD MATERIALS
The use of "cheaper" materials by a
subcontractor can be just as detrimental to
the job as negligently performed work. Either
way, costs are added to the job and claims
get made.

MECHANIC'S LIENS
Contractors, subcontractors, and suppliers
now have more time to perfect their lien
against real property when they are not paid
in full. This is not to say that every lien (or
threatened lien) is legitimate. In fact, the
taking of an improper lien can expose the lien
holder to a claim for trade disparagement
and a claim for abuse of process. A lawyer
can explain the pitfulls that both parties to a
contract can face when a lien is entered.

WAIVING LIENS
The law has changed in a manner that makes
it significantly harder to waive liens that third
parties can make. The amendments to the
law in this area also extend the time period
during a which a lien may be taken.

BUSINESS LITIGATION
Our Pittsburgh attorneys handle corporate
law disputes, construction law matters, claims
by and against contractors, mechanic's liens,
minority shareholder claims, and other
disputes.