Practice/Industry Group Overview
Since the Firm was established in 1988, our attorneys have represented every potential party to a dispute on a construction project, including owners, developers, sureties, design professionals, contractors, subcontractors and suppliers. We have litigated, arbitrated and mediated cases from Maine to Florida and from New Jersey to Hawaii. Over the years, we have worked for our clients on virtually every type of construction project including: major office buildings, stadiums, hospitals, shopping centers, condominiums, government buildings, bridges, water treatment plants, petro-chemical plants, highways, airports, factories, and schools.
With our first hand knowledge of the construction industry, our attorneys are equipped to assess problems quickly and assist in the tactical and strategic decisions that can make the difference between a project wrought with problems and one that is successfully completed. We are involved in all phases of construction projects, and our attorneys work with our clients to answer day-to-day questions with respect to:
- Contract negotiations and document preparation
- Bid protests and bid withdrawals on public projects
- Complex operational and financial issues that arise during a project
- Delay, disruption, and acceleration claims process
- Surety bond claims
- Contracting on the Federal, State, and local levels
- Construction changes and differing site conditions
- Mechanics' and Construction Lien Laws
- Government procurement and Miller Act issues
- Corporate compliance and dispute procedures
- Affirmative action and hiring goals on construction projects
Past Seminar Materials
||FEC Seminar: How To Protect Electrical Contractors on Problem Projects, June 26, 2013
Seminar for the Western Pennsylvania Chapters of MCAA and SMACNA, June 23, 2013
Seminar: Preserving Your Bottom Line when a Claim, Change or Dispute Occurs, June 20, 2013
Blames, Claims and Time Frames: What you need to know about protecting your rights on public work, January 22, 2013
Articles Authored by Lawyers at this office:
Miles II: Court of Federal Claims Awards Attorneys' Fees and Provides Further Guidance
Edward T. DeLisle,Maria L. Panichelli, November 22, 2013
Miles Construction, LLC v. United States, No. 12-597C (2013) has been a very important case for SDOVSBs and VOSBs. Our victory in Miles not only resulted in a big win for our client, but it also caused the VA to change its policy regarding transfer restrictions generally, benefitting all...
Delaware County Condo Association Settles Six-Year Dispute with Pulte Homes
, October 31, 2013
Cohen Seglias has assisted a Newtown Square, Delaware County Condominium Association in reaching a $5.6 Million settlement agreement, ending a six year dispute with Pulte and its subsidiary Pulte Home Corporation of the Delaware Valley Homes. The Legal Intelligencer wrote about the successful...
How Pay if Paid Provisions are Treated in the Empire State
Peter Plevritis,Joyce J. Sun, October 24, 2013
As a contractor or subcontractor, timely receipt of payment can be the difference between continuing to grow your company and closing its doors. Because of this, contractors and subcontractors will frequently try to shift the risk of nonpayment by the owner onto their subcontractors through the use...
SBA Creates "SBTA" Exemption to Affiliation Rules on Bundled Contracts
Edward T. DeLisle,Maria L. Panichelli, October 23, 2013
On October 2, 2013, the Small Business Administration (“SBA”) published a final rule implementing changes required by the Small Business Jobs Act of 2010. One of the most interesting changes relates to “bundling,” “affiliation,” and the ability of small...
VA Will Maintain Control Over VOSB/SDVOSB Status Protests....For Now
Edward T. DeLisle,Maria L. Panichelli, October 18, 2013
On September 30, 2013, the Department of Veterans’ Affairs (VA) issued an interim final rule, announcing that it would maintain authority over VOSB/SDVOSB status protests made in connection with the agency’s “Vets First” contracting program (the “Program”). Back...
PA's Right to Know Law: An Overlooked Weapon On Public Construction Projects
Jennifer M. Horn, October 15, 2013
The phrase “knowledge is power,” like most clichés, proves true more often than not - especially on construction projects where the status and amount of payments, terms of written agreements, and the content of project documents are key. On public construction projects in...
New SBA Rule Imposes Severe Penalties for Misrepresenting Size Status
Edward T. DeLisle,Maria L. Panichelli, September 11, 2013
On June 28, 2013, the Small Business Administration (“SBA”) issued a Final Rule relating to the penalties involved when a contractor misrepresents its small business size status. While the current regulations provide that a contractor might suffer certain penalties for “knowingly...
Final Rule Imposes New Small Business Subcontracting Obligations on Large Business Prime Contractors
Maria L. Panichelli,Michael H. Payne, August 22, 2013
On August 15, 2013, the SBA put into effect a long-awaited Final Rule (Federal Register Volume 78, Number 136 (Tuesday, July 16, 2013)) designed to help small business subcontractors. The Final Rule, which implements policies set forth in the Small Business Jobs Act of 2010, provides for several...
Proposed Change Past Performance Assessment System - Is it Fair?
Maria L. Panichelli,Michael H. Payne, August 22, 2013
On August 7, 2013, the DoD, GSA, and NASA proposed a rule (78 FR 48123) that would amend the FAR to significantly alter the past performance evaluation and assessment process. Specifically, the rule would cut in half the time that contractors have to comment on their own performance evaluations. It...
Are Apps Taking Over the Construction Industry?
Jennifer M. Horn,Robert John O'Brien, August 17, 2013
Loyal readers will recall our previous discussion regarding the prevalence of tablets and iPads on construction project sites. As the industry becomes increasingly connected, user-friendly apps for mobile devices are changing the way contractors perform their work on a daily basis.
Termination for Default as a Weapon
Michael H. Payne, July 30, 2013
There is no doubt that the government has the right, and even the responsibility, to terminate a contract completely or partially for default “if the contractor fails to (a) make delivery of the supplies or perform the services within the time specified in the contract, (b) perform any other...
New Jersey Supreme Court Sheds Light on Liability for Latent Construction Defects
Jonathan A. Cass,Daniel E. Fierstein, July 23, 2013
A few weeks ago, the New Jersey Supreme Court issued a decision that could have a profound effect on members of New Jersey’s construction community. In Town of Kearny v. Louis F. Brandt, the Court issued two major holdings: (i) under New Jersey’s Statute of Repose, an architect with...
Is My Teaming Agreement Enforceable?
Edward T. DeLisle,Maria L. Panichelli, June 19, 2013
Teaming Agreements in the world of federal procurement are commonplace. They are formally encouraged by the government at FAR part 9.602 (wherein it states that “Contractor team arrangements may be desirable from both a Government and industry standpoint in order to...complement...
Recent Philadelphia Building Collapse - Legal Ramifications
Lori Wisniewski Azzara,Jonathan A. Cass, June 12, 2013
As most people have heard, a vacant building being demolished on the corner of 22nd and Market, in Center City Philadelphia, collapsed into a thrift store this past Wednesday morning. The collapse resulted in 6 deaths and injuries to numerous people. This tragedy brings to mind the risk of building...
Can I File a Mechanics' Lien on a Building that was Never Built? Maybe...
Daniel E. Fierstein,Jennifer M. Horn, June 06, 2013
Since the Recession of 2008, the story of the construction project that fell through shortly after breaking ground has repeated itself far too frequently. In too many of these situations, financing dries up, leaving owners without project funds to pay general contractors and general contractors...
OSDBU Seeks Guidance on Revisions to Verification Guidelines
Edward T. DeLisle,Maria L. Panichelli, May 24, 2013
On May 13, 2013, the Department of Veterans Affairs’ (“the VA”) Office of Small Disadvantaged Business (“OSDBU”) published an advanced notice of proposed rulemaking, asking the public for guidance on how best to revise its verification regulations. Better late than...
Ceiling Shattered for Women-Owned Small Businesses
Edward T. DeLisle,Maria L. Panichelli, May 21, 2013
We’ve all heard about the “glass ceiling” experienced by women in the workplace. The term “glass ceiling” first appeared in an article published by the Wall Street Journal in 1986 and was used to describe the invisible barriers that women faced as they tried to climb...
Miles Construction, LLC v. United States, No. 12-597C (Feb. 14, 2013), A Primer on Due Process
Edward T. DeLisle,Maria L. Panichelli, May 08, 2013
Back in February, we provided readers with an overview of a case that we litigated at the end of last year, Miles Construction, LLC v. United States, No. 12-597C (Feb. 14, 2013). The major focal point of the decision was the court’s ruling that “a standard right of first refusal is a...
Is the VA Violating the Small Business Act?
Edward T. DeLisle,Maria L. Panichelli, April 17, 2013
It’s not all that surprising when contactors question the Department of Veterans Affairs’ authority, especially those who are denied SDVOSB verification. It’s a little surprising, however, when members of Congress do it. Late last month, two congressmen explicitly challenged the...
Supreme Court to Consider Contractor's Ability to Secure "Home Court" Advantage
Edward T. DeLisle, April 15, 2013
Last week the U.S. Supreme Court announced that it will review an important Circuit Court case, which focuses on the enforceability of forum selection clauses. These contract clauses identify where parties must litigate claims in the event of a dispute. Contractors, especially federal contractors...
Maryland Passes Legislation Aimed at Facilitating Maryland P3 Projects
Jason C. Tomasulo, April 10, 2013
The Maryland Legislature recently passed House Bill 560, which makes significant revisions to Maryland’s Public-Private Partnership law, effective July 1, 2013. The genesis for the revisions was the combination of Maryland’s infrastructure needs and the budgetary constraints due to the...
Should a Contractor Submit an REA or a Claim?
Michael H. Payne, April 01, 2013
The question of whether to submit a Request for an Equitable Adjustment, commonly referred to as an “REA,” or a claim, is one that clients ask on a frequent basis. It is not always an easy question to answer and our advice depends upon the history of the dispute, and the nature of the...
Edward T. DeLisle,Maria L. Panichelli, March 26, 2013
In today’s world, it is not at all uncommon for employees, or even owners of companies, to “telecommute” or “work remotely” from time to time. It's one of the many great things that technological advancement has provided. In fact, many say that it's too easy to stay...