AIA B101-2007 Supports Architect’s Copyright Infringement Claim against Contractor, Subcontractors

In a case of first impression, in April 2016 the Northern District of Ohio held in Eberhard Architects, LLC v. Bogart Architecture, Inc., 314 F.R.D. 567 (N.D. Ohio 2016), that a contractor and its subcontractors may have committed copyright infringeme(…)

Eastern District of Pennsylvania Grants General Contractor’s Summary Judgment Claims Based on Releases

On March 23, 2016, the United States District Court for the Eastern District of Pennsylvania granted a general contractor’s summary judgment motion as to a subcontractor’s claim against it as well as its own claim against the subcontractor. In doing s(…)

Governor Wolf’s Executive Orders Protect Employees of Government Contractors from Sexual Orientation, Gender Identity Discrimination

The employees of government contractors now have much greater protection from discrimination on the basis of sexual orientation and gender identity. In response to the General Assembly’s delay in passing the Pennsylvania Fairness Act (a bill intended(…)

Authorized Agents of a Property Owner Are Not Subject to Individual Liability Under CASPA

It is not uncommon for contractors and subcontractors to be verbally directed to perform extra work on construction projects without written change orders. Construction attorneys frequently deal with payment claims for such work if payment for that ex(…)

Pennsylvania Federal Court Finds that Principal Has No Right to Assert Breach of FiduciaryDuty and Bad Faith Claims Against Surety

The United States District Court for the Western District of Pennsylvania recently issued an opinion in a diversity action dismissing with prejudice a principal’s claims for tortious interference with a contractual relationship, breach of fiduciary du(…)

Pennsylvania Superior Court Decision Regarding Prejudgment Interest

In the recent decision of Cresci v. Martin, the Pennsylvania Superior Court issued an opinion qualifying the rule regarding prejudgement interest for breach of a construction contract. In October of 2004, Cresci Construction Services, Inc. (“Cresci”)(…)

Federal Court in West Virginia Refuses to Enforce Choice of Law Agreement in Construction Contract

In Elk River Pipeline LLC v. Equitable Gathering LLC, S.D. W.Va. (2013), the United States District Court for the Southern District of West Virginia determined that West Virginia law governed a dispute between two parties to a construction contract de(…)

General Contractor’s Use of a Subcontractor’s Quote Does Not Create a Contract

In Ribarchak v. Monongahela, 44 A.3d 706 (Pa. Commw. Ct. 2012), the Commonwealth Court held that a subcontractor (Ribarchak) could not assert a breach of contract claim against a general contractor (or the owner) based on the fact that the general con(…)