By: Scott T. Earle and Jennifer M. Horn

The recently passed and amended Delaware House Bill 109 (“HB 109”) has important implications for anyone concerned with construction law in Delaware. According to amended HB 109, any provision in a contract for construction occurring in the State of Delaware is void and unenforceable as a matter

Is construction picking up throughout the Mid-Atlantic region? Here are just a few summaries of headlines for Maryland, Delaware and Pennsylvania


As of March 2011, construction projects in several Maryland counties continue to increase, and Mid-Atlantic.jpgconstruction contracts “were up 55% when compared to the same month in 2010.” For the first quarter,

For an increasing number of contractors, survival in the current economy has resulted in the need to find and secure work in other states. The migration of contractors to neighboring states is apparent throughout Jobs.pngthe country. Besides the work itself, benefits of an expanded geographic footprint include a broader client base, thereby creating mutually

DE bridge.jpg The Delaware Department of Transportation (DelDot) recently filed a lawsuit for $19.6 million in damages against Florida based engineering contractor Figg Bridge Engineers (Figg) and its engineering subcontractor MACTEC Engineering (MACTEC). The suit alleges that the two contractors provided inaccurate and incomplete information regarding the geotechnical evaluation of the embankment surrounding the Indian River Inlet

The federal government recently denied the state of Delaware’s application for a $22 million grant for a wind turbine manufacturing facility in the Port of Wilmington (The Port). The Port, along with NRG Bluewater Wind (NRG), sought the grant from the second round of the U.S. Department of Transportation’s stimulus-funded transportation investment program.

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The Port

Scott T. Earle and Daniella Gordon contributed to this post.

A recent Delaware Supreme Court decision limited the field of bond claimants on a private project. In the case, Berlin Steel proper claimants under bond.pdf the SuprCrane.jpgeme Court overruled the trial court’s interpretation of an earlier decision that stood for the proposition that all subcontractors, regardless of their relationship to the principal under the bond, were third party beneficiaries of the payment bond.

Background of the Case and Key Parties

Berlin Steel Construction Company (Berlin) was a contractor for a private project in Delaware. Under the terms of the contract, Berlin obtained a payment and performance bond for the benefit of the construction manager and the project owner. Berlin subsequently entered into a subcontract with Structural Steel (Structural) to perform certain steel work at the project. Structural then subcontracted with J&J Rigging (J&J) to lease and operate a crane. J&J leased a crane for the project from Salah and Pecci Leasing Co. (S&P). Although Berlin paid Structural, and Structural paid J&J, J&J did not pay S&P. In order to obtain payment, S&P, a third tier subcontractor in relation to Berlin, made a claim against the payment bond held by Berlin.

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The Delaware Department of Transportation (DelDOT) recently unveiled its plans to update the Cape Region over the next five years.

Funded Projects

On the agenda of funded projects are intersection and sidewalk improvements, such as realignment of the Plantation-Cedar Grove-Postal Lane intersection, as well as plans to develop the Destination Station Center near Rehoboth Beach.