October 26, 2017 – King of Prussia, PA
PDF INVITATION

Cohen SegliasMadison Risk Group, McCarthy & Company, and The Shepherd Agency invite you to their 2017 Construction Executive Boot Camp featuring New York Times best-selling author Steve McClatchy. Steve will present his Decision-Making System that will help you manage the pressures and tensions inherent in creating, building, leading, and sustaining a fast changing high-performance company within the construction industry. 
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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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On July 26th join Cohen Seglias attorneys Matt Gioffre and Dan Fierstein for their seminar, “Killer Contract Clauses for Construction & Service” for the Mechanical & Service Contractors Association (M&SCA) in Blue Bell, PA. Matt and Dan will explain Killer Contract Clauses, how courts will interpret and enforce them, and will provide best practice tips for managing a project to minimize the impact of these contractual provisions.


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Design professionals doing business in Kentucky beware: the Kentucky Court of Appeals recently held that a contractor may pursue a negligent misrepresentation claim against an architect for delays to a project resulting from allegedly defective plans and specifications. The Court permitted the contractor’s tort claim despite the absence of a contractual agreement between the parties and the fact that the contractor signed documents that waived its claims. 
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We are pleased to announce that eleven Cohen Seglias attorneys were selected to this year’s Pennsylvania Super Lawyers list and eight attorneys to the Pennsylvania Rising Stars list in the areas of Construction Litigation, Government Contracts, Employment & Labor, and Employment Litigation: Defense. The Super Lawyers list recognizes no more than 5 percent of attorneys in each state, and no more than 2.5 percent in each state for the Rising Stars list.

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In Pennsylvania, it is well-established that a homeowner can assert claims for fraud and violation of Pennsylvania’s consumer protection statute – the Unfair Trade Practices and Consumer Protection Law (“UTPCPL”) – against a contractor based upon the contractor’s representations, even absent any contractual relationship between the homeowner and the contractor. Essentially, where a contractor makes a representation on which reliance is “specially foreseeable” and the homeowner relies upon the representation and sustains damages as a result, the homeowner may have a claim against the contractor. This scenario often comes into play where a homeowner asserts a claim against the builder where the homeowner is not the initial purchaser of the home, but rather a subsequent purchaser. 
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A New York appellate court issued a decision in 2016 that serves as an important reminder to all tiers of the construction industry: courts take the notice provisions in your construction contracts very seriously. In the Schindler Elevator Corp. v. Tully Const. Co., Inc. case, the Appellate Division dismissed a subcontractor’s claim in its entirety because emails and letters that the subcontractor provided to the prime contractor did not comply with the strict notice provision in the prime contract.
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As a follow-up to our July post on New Jersey state budget problems threatening public construction projects, the political fight over funding New Jersey’s Transportation Trust Fund (“TTF”) finally ended on September 30, 2016. Governor Chris Christie and the legislature agreed to a  compromise whereby the TTF will be reauthorized for eight years and funded with an additional 23 cent per gallon gas tax, for a total funding of $2 billion per year. As part of the compromise, the estate tax will be phased out by 2018, the sales tax will be reduced by 3/8th of a point, and other credits and deductions will be added to the NJ tax code.


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Are you a construction company owner, CFO, controller, or lead estimator involved in the bidding process?

On October 13th, join construction industry leaders, Bill Burke, Jason Copley, David Kane, and Anthony Stagliano, for a hands-on seminar, providing insights into effective strategies to maximize your profitability through innovative insurance, surety, legal, and accounting perspectives.

To register, contact Olivia Kornilowicz at 215.564.1700 or opk@cohenseglias.com.


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