Approximately two years ago, I commented on the Superior Court opinion in Gongloff Contracting, L.L.C. v. L. Robert Kimball & Assoc., No. 785 WDA 2014 (Pa. Super. 2015), which expanded the reach of Pennsylvania's negligent misrepresentation law from applying only...
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Houston Harbaugh
Construction
Contractor Overhead and Profit May be Included in “Actual Cash Value” in Homeowner’s Policies
In the recent case of Kurach v. Truck Ins. Exchange (C.P. Philadelphia 2017), a Pennsylvania Court held that under Pennsylvania law, insurance companies are required to include general contractor overhead and profits in actual cash value payments for losses...
When Does an Agreement to Repurchase Construction Material Equal a Contract for Services?
Recently, in the case of CPG Int'l LLC v. Shelter Products, Inc., No. 3:15cv1045 (M.D. Pa. 2017) the United States District Court for the Middle District of Pennsylvania denied a motion for partial summary judgment on the grounds that the claim at issue was not barred...
What Is the Pennsylvania One Call System?
April is National Safe Digging Month, reminding all contractors and homeowners to call 811 at least three business days before starting a digging project to ensure that all underground utility lines are properly marked and precautions are taken to ensure safety and...
Superior Court Finds that Non-owner Party to Construction Contract Not Indispensable to Mechanic’s Lien Action
Recently, the Pennsylvania Superior Court held that a trial court's rationale for concluding that the wife of the property owner and a co-party to a construction contract is an indispensable party to a mechanics' lien claim was in error. The Superior Court held that...
Construction Consultant Permitted to Pursue Unjust Enrichment Claim against Homeowner
The Superior Court of Pennsylvania, in a "non-precedential" opinion, recently remanded a case to allow a construction consultant to pursue a claim for unjust enrichment against a homeowner, in spite of the lack of either a written or oral contract between the parties....
A Quick Look into the Statutory Employer Defense
In a recent case filed in the US District Court for the Middle District of PA, a general contractor and subcontractor agreed to pay $1.2 million to settle claims after a worker fell at a construction site. In short, the plaintiff fell while walking across a 17 foot...
Changes to CASPA in the Works.
Owners, Contractors and Subcontractors should be aware of various proposed amendments to the Pennsylvania Contractor and Subcontractor Payment Act ("CASPA") which are presently pending before the Pennsylvania House Commerce Committee. House Bill 726 of 2015 is...
Text Messages Found Sufficient to Evidence Construction Contract
Jeffrey Ludwikowski on G+ In February of 2016, the Court of Common Pleas of Northampton County issued its opinion in Dietrick v. Fulciniti, PICS Case No. 16-0370 (C.P. Northampton Feb. 18, 2016) Murray, J. In that opinion the court found that an exchange of...
“Litigation is the New Game of Kings”
The Commonwealth Court of Pennsylvania recently issued an important opinion in the municipal construction field: F. Zacherl, Inc. v. Flaherty Mech. Contrs., LLC, 2016 Pa. Commw. LEXIS 22 (Pa. Cmwlth. 2016). Zacherl is a trip down the rabbit hole of construction...
