About This Blog

The Babst Calland Construction Law Blog contains articles published by the attorneys at Babst Calland to provide timely legal and business information on issues important to the construction industry.


Attorneys John McCreary and David White will join the Keystone Contractors Association (KCA) for a COVID-19 & Workers Comp Q&A webinar on Tuesday, November 24, 2020 at 10 a.m. Due to the rise in COVID-19 cases the past few weeks, there has also been an uptick in the number of questions from employers related to workers compensation. To help construction companies navigate through these challenging times,

Article: Impacts of COVID-19 on Existing and Future Projects

The COVID-19 pandemic has resulted in a “new normal” that was likely not accounted for in pricing and scheduling for projects awarded prior to the pandemic (“existing projects”). As owners and contractors move forward with new projects in a post-pandemic world, there is incredible uncertainty to what extent COVID-19-related requirements will impact future projects (“Future Projects”). This article addresses some of the major risks that owners and contractors face on both existing projects and future projects.

Alert: Governor Releases Guidance for Construction Industry in Pennsylvania

Governor Tom Wolf announced on April 23, 2020 that the construction industry in Pennsylvania may resume in-person operations starting Friday, May 1, 2020 – one week earlier than previously announced.  Governor Wolf also issued “stringent” guidance intended to protect construction workers and the public when construction operations resume.  This guidance “provides universal protocols for all construction activity, as well as specific additionally guidance for residential, commercial and public construction projects.”

Please read more about this Order in this Alert.

Alert: Governor Amends COVID-19 Order to Recommence Limited Construction Activities in Pennsylvania

As part of a three phase plan for Pennsylvania overcoming the COVID-19 Pandemic, Governor Tom Wolf announced on Monday, April 20, 2020 that limited construction activities may recommence on May 8, 2020 for non-exempt projects in Pennsylvania.  Although the full details regarding the plan have not yet been released, it is clear that all construction work must comply with the Governor’s and Secretary of Health’s April 20,

New PA Superior Court Opinion: Service of Notice of Intent to Lien

On March 11, 2019, the Pennsylvania Superior Court issued its opinion in American Interior Construction & Blinds, Inc. v. Benjamin’s Desk, LLC reversing a trial court’s dismissal of a subcontractor’s mechanics’ lien action based upon a finding of improper service of the subcontractor’s formal notice of intent to lien.

In the American Interior, Benjamin’s Desk, LLC (“Benjamin’s Desk”) hired Brass Castle Building Co.,

Construction Law Year in Review Seminar

It is not too late to RSVP to Babst Calland’s annual Construction Law Year in Review seminar, which will be held this Thursday, March 21, 2018 at the Doubletree Hotel in Greentree, beginning with a continental breakfast at 7:30 a.m., followed by the seminar from 8:00 a.m. to 10:00 a.m.  Speakers will include Kurt Fernsler, Matt Jameson, Justine Kasznica, John McCreary

Commonwealth Court Invalidates PennDOT Project Labor Agreement

The Commonwealth Court recently held that a Project Labor Agreement (PLA) required by PennDOT violated competitive bidding laws codified in the Commonwealth Procurement Code, 62 Pa.C.S.A. §512(g). Allen Myers, L.P. v. Department of Transportation, No. 314 C.D. 2018 (Pa.Cmwlth. January 11, 2019)(en banc). Although the facts which gave rise to the dispute are unusual, the decision is significant because it demonstrates the Court’s willingness to question the justifications relied on by PennDOT (and presumably other agencies) in support of mandating PLAs.

Maryland Senate Bill 853 – General Contractors Now Liable for Ensuring Payment to Subcontractor Employees

As of October 1, 2018, General Contractors operating on construction services projects in Maryland are now potentially subject to additional liability under the “General Contractor Liability for Unpaid Wage Act” introduced through Maryland Senate Bill 853 (the “Act”).  Specifically, a general contractor may be jointly and severally liable for subcontractors’ failure to properly pay employees.  To make matters more complex, this applies to subcontractors who are not even in direct contractual privity with the general contractor and can arguably extend infinitely down the sub-subcontracting chain.

Seminar on Recent Amendments to Pennsylvania’s Contractor and Subcontractor Payment Act (CASPA)

On October 10, 2018, significant changes to Pennsylvania’s Contractor and Subcontractor Payment Act (CASPA) will take effect.  Some of the areas impacted include a prohibition on the waiving of CASPA rights, the creation of a right to suspend work for nonpayment, the requirement that notice of deficiencies justifying the withholding of payment must be in writing, and right to post a maintenance bond to trigger the release of retainage.

In addition,

The 2018 Babst Calland Report Focuses on the Appalachian Basin Oil & Gas Industry Forging Ahead Despite Obstacles

Babst Calland recently released its annual energy industry report: The 2018 Babst Calland Report – Appalachian Basin Oil & Gas Industry: Forging Ahead Despite Obstacles; Legal and Regulatory Perspective for Producers and Midstream Operators.  This annual review of shale gas development activity in the Appalachian Basin acknowledges an ongoing rebound despite obstacles presented by regulatory agencies, the courts, activists, and the market. To request a copy of the Report,