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Requirements for Working Across State Line
Attorney's Fees Clause
Contractor Is Successful At Jury Trial
Updated ConsensusDocs Trade Contract
Common Sense Construction Law Book, Now Available
Construction Law Newsletter

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Vol. 1, No. 2 - March 2015
Requirements for Working Across State Line

Lochlin B. Samples, Smith Currie & Hancock LLP, Associate 

Construction companies’ increasing opportunities to perform work across state lines pose unique challenges and requirements, not the least of which are general business registrations and licensing requirements.  While the exact requirements will vary from state-to-state, virtually every state requires some type of business registration and licensure. Severe penalties exist for contractors that fail to satisfy these requirements...

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Attorney's Fees Clause

Eric Gruzen, Peckar & Abramson P.C., Partner

Shiva Fatoorechi, Peckar & Abramson P.C., Associate  

 

While many construction contracts contain a “prevailing party”1 provision that allows the successful party in a litigation to recoup its legal fees and costs from the losing side, often times only a small amount of the total expenses incurred are recovered. ConsensusDocs are the only standard construction contracts that contain a prevailing party provision. Although this loss is occasionally attributable to court-imposed “fee reductions,” more often it is a direct result of restrictive drafting of the attorney’s fee provision in the contract.

 

Fortunately, a few simple changes can ensure the maximum recovery...

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Contractor Is Successful At Jury Trial

Richard W. Foltz, Jr., Pepper Hamilton LLP, Partner

Jeffrey R. Mullen, Pepper Hamilton LLP, Associate 


Since 1994, Pennsylvania law has provided enhanced remedies for prevailing in a payment dispute arising out of a construction project.  The prevailing party in a recent jury trial discovered uncertainty in the precise contours of those available remedies.  There was no clear precedent governing recovery of fees of a testifying expert, necessary to overcome the complex accounting and delay claims asserted by the defendant in response to the invoice dispute, and the method of calculating pre-judgment and post-judgment interest and penalty interest under the statute.  Because of the large sums at issue, the difference in calculation methods was significant.  Entitlement to these matters was unclear in spite of 20 years of precedent under...

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Updated ConsensusDocs Trade Contract

Brian Perlberg, ConsensusDocs, Executive Director

Some states still mandate multiple prime contracts and yet there haven’t been any standard form documents to articulate that are appropriate.  Sometimes Owners hire a Construction Manager (CM) to act as it agents, whereas other times an Owner takes on that role themselves with in-house staff.  ConsensusDocs has just released a Trade Contract for all of these scenarios.  The ConsensusDocs 850 agreement was published last month and is an update of the previous 802. The document was updated for all three of the above project scenarios, making it another industry first for ConsensusDocs...

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Common Sense Construction Law Book, Now Available

Smith Currie & Hancock LLP 

 

Recently released, the Fifth Edition of Smith, Currie & Hancock’s Common Sense Construction Law provides a practical introduction to the significant legal topics and questions effecting construction industry professionals.  Like its popular previous editions, this Fifth Edition translates the sometimes-confusing legal theories, principles, and established rules that regulate the business into clear, lay-person’s English and is widely used in college and university courses to provide an overview of construction law...

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