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The Legal Intelligencer

Eleven Eleven Pennsylvania, LLC v. Commonwealth, PICS Case No. 17-1297 (Pa. Commw. Aug. 14, 2017) Simpson, J. (19 pages).

State board of cosmetology's regulation governing placement of lavatories in beauty salons was expressly pre-empted by the Construction Code Act, which pre-empted all constructions regulations promulgated by state boards and agencies. Application for summary relief granted.
4 minute read

The Legal Intelligencer

Morocho v. Workers' Compensation Appeal Bd., PICS Case No. 17-1298 (Pa. Commw. Aug. 3, 2017) Hearthway, J. (11 pages).

Workers' compensation appeal board properly reversed WCJ's order granting claimant's petition for a specific loss of use of his right index finger because the claimant's doctor's opinion was a legal conclusion that had no evidentiary value and claimant offered no other facts regarding the permanency of the loss of use. Affirmed.
5 minute read

Daily Report Online

Rain or Shine, Construction Starts for New Judicial Building

A crowd gathered in the rain Thursday morning to break ground for the $122 million Georgia Judicial Complex near the State Capitol.
3 minute read

New York Law Journal

Berryhill v. Infanzon

Disability Benefits Properly Denied; Evidence Demonstrated Capacity for Light Work
3 minute read

The Legal Intelligencer

D & R Constr. v. Workers' Compensation Appeal Bd., PICS Case No. 17-1278 (Pa. Commw. Aug. 1, 2017) Hearthway, J. (15 pages).

Workers' compensation appeal board erred in applying the construction workplace misclassification act to find that claimant was an employee rather than an independent contractor because claimant's injury occurred prior to the enactment of the CWMA, the CWMA could not be applied retroactively since it affected substantive rights and it could not be used as guidance to evaluate the traditional factors since it was not a mere clarification of the common-law factors. Reversed.
5 minute read

New York Law Journal

Citing Philosophical Differences, Lawyer Leads Team From Marshall Dennehey to Kaufman Dolowich

A group of eight construction lawyers left 500-attorney Marshall Dennehey for 135-attorney Kaufman Dolowich & Voluck.
3 minute read

The Legal Intelligencer

Construction Law

In The Legal's Construction Law supplement read about construction injury litigation, Pennsylvania's Construction Notices Director and the amendments to the Mechanics' Lien Law.
5 minute read

The Legal Intelligencer

Construction Could Be the Next Target for Cyberthreats

Cybersecurity has taken center stage in the news recently, following several devastating attacks on local and foreign entities. However, while the risks may seem to be at an all-time high for companies looking to protect critical data, some industries are reluctant to adapt, rendering them vulnerable for future breaches.
7 minute read

The Legal Intelligencer

Changing Landscape in Residential Construction Defect Cases

It is no secret that building envelope construction defects are prominent throughout our region. This issue affects thousands of properties and multiple builders. These defects are truly latent, with no visual cues or outward manifestation of water infiltration. Homeowners often discover the defect when they see scaffolding at their neighbor's home and wonder if their home is similarly impacted. When invasive tests are finally performed, they often reveal a costly problem that in most cases requires removal and replacement of the entire building envelope, microbial growth remediation, window and door replacement as well as interior work.
6 minute read

The Legal Intelligencer

Amended Lien Law and Energy Infrastructure Construction Projects

The Pennsylvania Mechanics' Lien Law, 49 P.S. Section 1101 et seq. (the Lien Law), provides contractors a powerful legal hammer for the recovery of payment owed for work performed on a construction project; they can impose a lien against the property on which their work was performed, clouding the owner's title, until payment is received. In December 2016, as a result of last year's Act 142 (the act) amendments to the Lien Law, the Department of General Services launched the online State Construction Notices Directory (the directory). Prior to the creation of the directory, there was no streamlined system for owners and general contractors to track subcontractors and suppliers on a project site.
14 minute read

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