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
| May 29, 2012
Reconstruction Awards Entry Information
Download a PDF of the Entry Information at the bottom of this page.
| May 25, 2012
Alaska’s okay of gravel aggregate with naturally occurring asbestos opens up development
Some long-delayed projects in the Upper Kobuk region of Alaska may now move forward thanks to legislation that allows construction in areas that have naturally occurring asbestos.
| May 24, 2012
2012 Reconstruction Awards Entry Form
Download a PDF of the Entry Form at the bottom of this page.
| Apr 26, 2012
Contractors fear that GSA scandal will lead to fewer federal construction contracts
In the wake of the recent scandal at the General Services Administration in which workers spent lavishly at a Las Vegas conference, a spokesman for Associated General Contractors of America said contractors are worried the scandal will result in cuts to GSA's construction and renovation budgets.
| Apr 19, 2012
Michigan legislature tackling controversial rules on electricians
A fight is brewing in the Michigan legislature over how many fully qualified electricians must be present during electrical work when apprentices also are on hand.
| Apr 13, 2012
Congress’s action doesn’t mean Pentagon can’t build LEED gold structures
Though Congress passed a defense budget preventing the Department of Defense from spending money to achieve LEED gold or platinum certification, the Pentagon may still end up constructing buildings to those standards.
| Mar 1, 2012
California bill aims to cut costs for commercial building energy retrofits
A bill in the California Assembly would allow the state to pool together property owners’ energy-retrofit loans.
| Feb 23, 2012
Federal budget cuts put major building projects on hold
A plan to build the National Bio and Agro-Defense Facility in Kansas is among several major building projects in jeopardy after the Obama administration’s 2013 budget was unveiled. The budget would cut all construction spending for the facility.
| Feb 23, 2012
Federal agencies fixed on leasing LEED-certified space
The federal government is especially focused on renting LEED-certified spaces.
| Feb 23, 2012
Regulators investigating construction accident at World Trade Center
The New York Port Authority and the city’s fire and building departments are investigating an accident at the World Trade Center construction site in lower Manhattan after a crane dropped steel beams that fell about 40 stories onto the truck that delivered them.