A recent ruling by the Pennsylvania Supreme Court puts limits on a state law meant to ensure that contractors and subcontractors receive prompt payment for their work.
The court ruled that the state’s Contractor and Subcontractor Payment Act (CASPA) does not apply to construction projects where the owner is a governmental entity. The case, Clipper Pipe & Service, Inc. v. Ohio Casualty Insurance Co., pertained to the construction of an addition and renovations to the Navy/Marine Corps Reserve Training Center in the Lehigh Valley.
The contractor, Contracting Systems, Inc., failed to pay a subcontractor, Clipper Pipe & Service for performance of mechanical and HVAC work, according to JD Supra Business Advisor. Clipper sued CSI and its surety, asserting claims for breach of contract and violation of CASPA. The claim likely would have allowed it to recover its attorneys’ fees and possibly a statutory penalty if the court had ruled in the subcontractor’s favor.
On public projects, contractors working in Pennsylvania must rely on the Prompt Pay Act (“PPA”), which governs the payment obligations and rights of contractors and subcontractors on public projects. That statute, however, differs from CASPA with different timing provisions for payment, a different rate of interest, and a different burden of proof associated with penalty and attorneys’ fees provisions. Notably, it is also more difficult for a party to recover attorneys’ fees and penalties under the PPA than under CASPA.
Related Stories
Affordable Housing | Jun 27, 2023
Racial bias concerns prompt lawmakers to ask HUD to ban biometric surveillance, including facial recognition
Two members of the U.S. House of Representative have asked the Department of Housing and Urban Development to end the use of biometric technology, including facial recognition, for surveillance purposes in public housing.
Mixed-Use | Jun 6, 2023
Public-private partnerships crucial to central business district revitalization
Central Business Districts are under pressure to keep themselves relevant as they face competition from new, vibrant mixed-use neighborhoods emerging across the world’s largest cities.
Multifamily Housing | Jun 6, 2023
Minnesota expected to adopt building code that would cut energy use by 80%
Minnesota Gov. Tim Walz is expected to soon sign a bill that would change the state’s commercial building code so that new structures would use 80% less energy when compared to a 2004 baseline standard. The legislation aims for full implementation of the new code by 2036.
Codes and Standards | Jun 2, 2023
Supreme Court drastically reduces wetland areas impacted by Clean Water Act
A recent Supreme Court decision that substantially narrowed the Environmental Protection Agency’s authority to regulate millions of acres of wetlands is expected to open more land for development. More than half of the nation’s wetlands could lose protection under the Clean Water Act, according to environmentalists and legal analysts.
Affordable Housing | May 17, 2023
Affordable housing advocates push for community-owned homes over investment properties
Panelists participating in a recent webinar hosted by the Urban Institute discussed various actions that could help alleviate the nation’s affordable housing crisis. Among the possible remedies: inclusionary zoning policies, various reforms to increase local affordable housing stock, and fees on new development to offset the impact on public infrastructure.
Multifamily Housing | May 16, 2023
Legislators aim to make office-to-housing conversions easier
Lawmakers around the country are looking for ways to spur conversions of office space to residential use.cSuch projects come with challenges such as inadequate plumbing, not enough exterior-facing windows, and footprints that don’t easily lend themselves to residential use. These conditions raise the cost for developers.
Regulations | May 8, 2023
Supreme Court case likely to have huge impact on Clean Water Act
A case before the Supreme Court will likely determine how the Clean Water Act is interpreted and the ruling could open up new areas for development within or adjacent to wetlands.
Office Buildings | May 1, 2023
Office building owners face potential legal liabilities when adding new workplace amenities
Many landlords in the war for tenants have turned to offering new amenities such as conference room services, fitness centers with nutritionists, and high-end food and beverage offerings. To provide new services, landlords often engage with third-party vendors, which can present thorny legal liability.
Codes and Standards | Apr 21, 2023
Federal court overturns first natural gas ban in the U.S.
A recent ruling by the Ninth U.S. Circuit Court of Appeals in San Francisco invalidating Berkeley, California’s ban on natural gas within new building construction puts similar measures adopted around the country in legal jeopardy.
Codes and Standards | Apr 21, 2023
Sixteen-year-old climate law not having intended impact on decarbonizing federal buildings
Sixteen years out from a 2007 law that aimed to end the use of fossil fuels in federal buildings, gas heat is still being installed within the federal sphere.
