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Eckert Seamans attorneys analyze legal decisions, pending legislation and industry trends to help clients anticipate and prepare for potential changes in the marketplace. Writing for external publications, client newsletters and alerts, our attorneys offer insightful analysis and nationally recognized expertise.
Eckert Seamans

Construction Law Report

Spring 2013
In this issue: The demand for a claim waiver in exchange for final payment; Florida court finds that termination for convenience clause allows general contractor to continue shopping subcontract after signing it; The Pennsylvania procurement code and sovereign immunity: Is there any way to challenge a cancellation of a request for proposal?; Don't let the time slip away: The statute of limitations and indemnity claims; Negotiating change orders on federal contracts: consultant and legal fees may be recoverable contract administration costs; Owners and contractors take blind risks by taking "No Damage for Delay" clauses for granted; Construction Law Group News.

Fall 2012
In this issue: Lawsuits arising from claim letters to the surety--A heavy burden to meet; Small Business advisory: Beware of inadvertent "affiliation"; A primer on statutes of limitations, statutes of repose and limitations of actions; Unlimited liability? The recoverability of liquidated damages in the context of contract abandonment; Private sector construction contract regulation: The state creeps in; In re: Rust of Kentucky, Inc.: Bankruptcy court offers relief to a subcontractor victimized by differing site conditions; Controlling electronic discovery costs: cutting "big data" down to size; Court clarifies law regarding post-bid substitution of subcontractors; PCBs are still considered a hazardous material; The Pennsylvania Superior Court rules on lien priority under the Mechanic's Lien Law; Construction Law Group News.

Spring 2012
In this issue: Waiving claims, one payment application at a time; Notice requirements for construction claims-How to avoid sleepless nights; That's a pretty big matzo ball hangin' out there-Third Circuit issues pay-if-paid decision that is highly favorable to general contractors, but is there hope for subcontractors in a footnote?; Originality is key in copyright infringement; Owners' claims for subs' defective work-Handling statue of limitations issues; Third Circuit upholds Pennsylvania state law requiring American-made steel in public works projects; Q&A with David McGlone; Construction Law Group News 

Spring 2011
In this issue: The Todd Construction Trilogy: A potential remedy for contractors on federal projects receiving unfair performance evaluations;  The use of pre-project agreements: "The ties that bind" or perhaps do not; Sales tax savings upon registering motor vehicles in PA; PA Supreme Court rejects township's attempt to exceed requirements of the Uniform Construction Code; New requirements for pension plans; The Surety's right to use the defaulted contractor to complete the work under the AIA-A312 Performance Bond; "The Government made me do it": Government contractor immunity and limiting third-party liability for work on government projects; PA Supreme Court upholds use of project labor agreement; Administrative changes to litigating construction disputes in Allegheny County, PA; ADA 2010 standards for accessible design provide short window of flexibility; PA Superior Cout does not expand duties of air testing firms; Construction Law Group News

Fall 2010
In this issue: Read before you sign: preventing the inadvertent waiver of claims; Payment Bond pitfalls; The life of a Performance Bond - perhaps longer than you think; Advice for federal construction projects: Take the time to provide notice of differing site conditions; Bid shopping: The push-back against the traditional rule; Massachusetts enacts Prompt Payment Act governing private construction contracts; The tension between the venue selection provisions of state Prompt Payment Acts and the Federal Arbitration Act; Independent contractor/worker misclassification for the construction industry; But the rules remain the same in many states; Turning square corners in government contracting; Construction Practice Group News.

Spring 2010
In this issue: Termination for convenience clauses: An inconvenient truth; In re Electric Machinery Enterprises, Inc.: Be sure that all of your project contracts are speaking the same language; Ambiguities in federal construction contract documents: What would a reasonable contractor do?; Financially troubled projects: Perspectives for the contractor; Impending crackdown on misclassified independent contractors; Prime contractor responsibilities for payroll reporting requirements of its subcontractors under the Davis-Bacon Act; Is there insurance coverage for claims arising out of your subcontractor’s “faulty”work?;


Legal Update

Spring 2013
In this issue: Are Demand Response programs a good fit for your business?; Insurance counsel and the attorney-client privilege - Who is the client?; Evaluating insurance options: traditional vs. alternatives; Are they or aren't they? Noel Canning and the status of the NLRB; Generic top level domains and rights protection mechanisms; Top 5 Corporate and Commercial Decisions from Delaware in 2012, and Proposed Corporate Statute Amendments for 2013; Firm News.

Fall 2012
In this issue: Forum selection challenged by recent litigation and Department of Labor efforts; Sponsoring employees for immigrant visas: A crucial tool for retaining talented foreign national employees; Renewable energy - How to survive the storm clouds?; Major developments in the oil and gas law with court decision regarding Act 13 of 2012; Beyond I Do: The Defense of Marriage Act, same-sex marriage and employee benefits; Functionality as a bar to registration - Recent cases before the United States Patent and Trademark Office Trademark Trial and Appeal Board; Significant changes in E visa processing in Mexico; Firm News.

Spring 2012
In this issue: Five things that happened in 2011 every employer should know about (and some quick suggestions for your 2012 "to do" list); Green eggs, electricity & more!; When litigation is over, think about the taxable costs of e-discovery and you may "find the pope in the pizza"; Equity incentives for employees of limited liability companies; IRS proposal considers the meaning of "governmental plan"; Firm News.

Summer 2011
In this issue: New requirements for pension plans; The Protect IP Act: Senate looks to crack down on online piracy websites; Firm News; Fiduciary considerations for plans when selecting recordkeepers; Professional Recognition

Winter 2011
In this issue: Family responsibility (caregiver) discrimination: A new twist on old law; Combating material price volatility; Firm News.

Fall 2010
In this issue: Climate change impacts financial disclosure, reporting obligations; Developing airtight confidentiality agreements; Pennsylvania's New Right to Know Law; Finally, an end to Frenville, but does it matter?; "Where do you think you are, Pennsylvania?"; Firm News.

Spring 2009
In this issue: Introductory Note; Those aren’t our employees, are they? Avoiding unexpected liability for contingent workers; Fiduciary duties apply to all sized companies; and Bankruptcy: What should I be doing now? 



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