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Subsequent Purchasers: If You’re Not First, You’re Last?
The Legal Intelligencer
August 6, 2013

In the world of sports there is an old adage: “If you’re not first, you’re last.” While there has never been a doubt that purchasers of new construction are afforded various protections under Pennsylvania law, when it comes to subsequent purchasers, the law has been less than clear. Full Text


Do Wind Farms Constitute a Nuisance or Trespass?
The Legal Intelligencer
August 6, 2013

The expansion of wind energy in the United States over the last decade has resulted in the development of approximately 20 wind farms throughout Pennsylvania. The regulation of these wind farms has generally been performed by the local authorities in whose jurisdictions they are located. Full Text


Chipping Away at the Statutory Employer Defense
The Legal Intelligencer
August 6, 2013

On March 27, 2012, the Superior Court of Pennsylvania issued a decision that could dramatically change the face of Pennsylvania construction law by overhauling the statutory employer defense. In this decision, the Superior Court added a screening element to the statutory employer defense, indicating that an employment relationship must exist between an injured worker and a general contractor seeking immunity from civil suit under the workers’ compensation system. Full Text


‘No Damage for Delay’ Clauses in Construction Contracts
The Legal Intelligencer
August 6, 2013

“No damages for delay” clauses are often used in construction contracts to restrict the contractor to only an extension of time for project delays and to prohibit claims for damages arising from delays in the completion of the project. Challenges to enforcement of this provision are common. Some states deal with this issue by common law, some by statute and others have not addressed the issue — West Virginia being one of those states. Full Text


Construction Defect Litigation Begins With Authority to Sue
The Legal Intelligencer
August 6, 2013

Whether a plaintiff has standing or the authority to sue is a basic question that should be asked by all defendants upon service of a lawsuit, just as they should ask whether the plaintiff has complied with the statute of limitations. In cases involving individuals, standing is obvious — the injured party institutes suit. Full Text


Recent Developments in ‘Occurence’ Case Law
The Legal Intelligencer
August 6, 2013

Beginning with the decision in Kvaerner Metals v. Commercial Union Insurance, 589 Pa. 317, 908 A.2d 888 (2006), the substantive law of Pennsylvania concerning the “occurrence” requirement in liability policies, particularly in the context of the construction job site, has grown rapidly. Full Text