ALERT PENNSYLVANIA COMMONWEALTH COURT REJECTS PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BIDDING POLICY October, 2011 Matthew Chabal III, Esq. James Smith Dietterick & Connelly, LLP P.O. Box 650, Hershey, PA 17033 717.533.3280 [email protected] On October 5, 2011, the Pennsylvania Commonwealth Court issued a decision in Brayman Construction Corp. v. Pennsylvania Dept. of Transp., 30 A.3d 560 (Pa. [...]

ALERT “PAY WHEN PAID” vs. “PAY IF PAID” AND THE IMPACT OF PASS THROUGH LIQUIDATING CLAUSES THIRD CIRCUIT CONCLUDES THAT SUBCONTRACTOR WAS ONLY ENTITLED TO PRO RATA SHARE OF CONTRACTOR’S RECOVERY AGAINST OWNER IN LIGHT OF OWNER’S FAILURE TO PAY ENTIRE CONTRACT AMOUNT August, 2011 Matthew Chabal III, Esq. James Smith Dietterick & Connelly, LLP [...]

SUMMARY OF THE NEW CONSTRUCTION WORKPLACE MISCLASSIFICATION ACT February, 2011 Matthew Chabal III, Esq. James Smith Dietterick & Connelly, LLP P.O. Box 650, Hershey, PA 17033 717.533.3280 [email protected] In September, 2010, the Pennsylvania General Assembly passed House Bill 400, known as the Construction Workplace Misclassification Act (the “CWMA”), which Governor Rendell signed on October 12, [...]