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Lane F. Kelman is a Partner in the Construction Group of Cohen Seglias and Chair of the Firm’s Green Building Practice. Lane has an active and diverse construction litigation practice, representing developers, general contractors and trades in complex construction matters throughout the United States and internationally. He has extensive experience with both private and public projects. His work ranges from contract negotiations to claim prevention and management, construction defects, and suspension and debarment proceedings.

On October 10, 2018, the amendments to the Contractor and Subcontractor Payment Act, 73 P.S. § 501, et seq. (CASPA) will take effect and significantly impact the rights and duties of owners, contractors, and subcontractors on all Pennsylvania commercial construction projects and some residential projects.

First passed in 1994, CASPA was enacted as a tool for contractors and subcontractors to receive timely payment. As most in the industry know, the statute sets forth payment procedures and timetables, and it defines what constitutes a wrongful withholding of payment. Violations may result in significant penalties, such as statutory interest, penalty interest, and assessment of attorneys’ fees and costs.


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Engineer with flag on background series - PennsylvaniaContractors doing work on publicly-owned projects in Pennsylvania may find it more difficult to recover statutory penalties and attorneys’ fees if the owner withholds funds in bad faith. Pennsylvania’s Procurement Code, which governs bidding on public projects and payment to prime contractors and subcontractors, is intended to “level the playing field” between government and contractor. Similar, but not identical to the private prompt payment act, the statute provides for the award to the contractor of interest, a penalty in the amount of 1% of the unpaid balance per month, and attorneys’ fees if the public entity acts in bad faith by refusing payment that is due to the contractor. Pennsylvania courts previously interpreted this statute to mean that if a jury determined that the public entity acted in bad faith, then an award of penalties and attorneys’ fees was required.


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In recent years, concepts such as “green construction” and “renewable energy” seem to have become almost commonplace. In what is perhaps an effort to lead the world by example in these areas, President Barack Obama recently issued a Presidential Memorandum that calls upon federal agencies to increase drastically their use of renewable energy sources.

The

As the Greenbuild 2013 posters, web cafés and stages are removed from the Convention Center in Philadelphia, attendees and exhibitors from across the country have been reenergized in thinking about green building, sustainability and resiliency. From November 18-22, Philadelphia was painted green by thousands of professionals from all sectors of the sustainability movement. Here is

As schools across the country open, most people in the Delaware Valley are well aware of the School District of Philadelphia’s financial woes. As the School District considers measures to help close its massive budget deficit, it has recently begun to take legal action that is particularly interesting.

The Lawsuits

About one month ago, the

Two weeks ago, the Philadelphia Zoning Board approved the construction of Ridge Flats at 4300 Ridge Avenue in East Falls—a project proposed by developer and design-builder Onion Flats.

The Project

The five story building will provide 146 residential units and 9,300 square feet of retail space.  More importantly, Ridge Flats will be Philadelphia’s first

greenbuild.jpgGreenbuild International Conference and Expo is coming to Philly November 20-22, 2013 and we are actively seeking proposals for the annual Legacy Project. The Legacy project could be anything from a straw bale playhouse or school gardening space to a solar energy learning lab, vertical gardens or some kind of new art installation that has a lasting, positive effect

data storage.jpgConstruction today is not your father’s industry. With the growing use of electronic forms of communication and document creation, the rules have changed. Businesses continue to strive for a paperless office. Now, rather than drowning in paper, however, they are drowning in email and new ways of communicating. How does a company deal with instant

Maryland Governor Martin O’Malley recently signed bill MD HB 972 into law, effective March 1, 2012. The law “authorizes the state’s Department of Housing and Community Development to adopt the IGCC, while allowing local jurisdictions to make amendments to the IGCC under certain conditions as long as the local amendment is adopted in accordance with