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Robert John O’Brien is an Associate at Cohen Seglias and a member of the Construction Group. He focuses his practice on complex commercial and construction litigation.

Robert is a regular contributor to the Firm’s newsletter, Construction in Brief, as well as the Firm’s construction blog, Construction Law Now. He has also lectured on several legal subjects, including construction contract provisions and construction claims.

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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In a previous post, we wrote about drones (which are more formally referred to as “unmanned aircraft systems” or UAS), as well as the nascent federal and state statutory and regulatory framework.

Since our last article, drone use – as predicted – has grown more prevalent throughout the U.S. commercial marketplace and especially the construction industry. Last year, an estimated 2.5 million drones were sold in the United States, and approximately 670,000 drones were registered with the Federal Aviation Administration (“FAA”) during the same time period.
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Unmanned aerial vehicles, commonly referred to as “drones,” are appearing more frequently in the skies over construction project sites.

Drones  typically operate from a handheld device, such as an iPhone, and can be connected to a Wi-Fi network. The physical design utilizes four to eight rotary blades, which allow for fluid vertical movement and aerial stability. Such stability—the ability to hover in place for an extended period of time—can prove particularly beneficial for surveying a job site. Drones can be used to capture images of the work from above and then transmit the information to one of a number of mapping software programs, which are, in turn, used to analyze and monitor all phases of a project, from site preparation to completion.

Drones also are proving to be a valuable marketing tool, by allowing for aerial footage or video of job sites, which can be shown to clients and potential clients. In the near future, drones may be used for physical transportation of equipment and project materials. Indeed, multinationals, including Amazon and Google, have famously begun discussing the use of drones to transport and deliver goods to their customers.

Drone technology possesses the potential to fundamentally change the construction industry.


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