There is a common misconception that all Philadelphia Public Works projects must be performed pursuant to a project labor agreement with various members of the Building and Construction Trades Council. This common misconception is even shared by the current Mayoral
Supplemental Conditions
The blog published by Zimolong LLC focuses on legal issues related to construction law, labor and employment law, arbitration, and real estate tax matters. It covers topics such as home improvement contracts and consumer protection under Pennsylvania law, the finality and judicial review of arbitration awards under the Federal Arbitration Act, legal actions against labor unions for unfair labor practices, and procedural requirements and challenges in upset tax sales. The blog also addresses public contract bidding requirements and compliance issues in New Jersey. The content is aimed at providing legal insights on regulatory compliance, contract enforcement, dispute resolution, and statutory obligations in these practice areas.
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Trouble Brewing with the Sheet Metal Workers?
During a recent review of the NLRB dockets, I came across an interesting filing. The Sheet Metal Contractors Association (SMCA), who is the multi-employer association that bargains with Sheet Metal Workers Local 19. Local 19 has apparently filed an unfair…
But Wait There’s More: Preserving Claims on Commonwealth Projects
On construction projects owned by the Commonwealth of Pennsylvania, a contractor may make a claim with the Board of Claims. But first, you must be aware of two limitations periods that could cause you to waive your claim if they…
Retainage on Pennsylvania Public Contracts
Ah yes, retainage, what could represent your profit on a project and something frequently abused by owners on private and public projects alike. Fortunately, Pennsylvania law offers public works contractors some protection from retainage abuse. The Public Prompt Payment Act…
The Little Ice Age and Delay Claims
Much of the Eastern United States is just now emerging from a historic two week cold snap. In much of the Northeast and Mid-Atlantic, the temperature stayed below freezing for 15 days straight. Cities recorded the lowest temperatures in a…
Cutting the Salt Out: Tips for Avoiding Union Salting Charges
The strategy to avoid union salts is rather simple. But, simplicity does not mean easy. The process requires discipline. A salt is a paid union organizer that attempts to gain employment with a non-union employer for the purpose of either…
Does a contractor (or subcontractor) have to complete its work to file a Mechanics Lien?
Yes. There seems to be common misconception that a contractor, subcontractor, or supplier, has six months from its last day of work on the project to file a mechanics lien. I frequently see mechanics liens whereby the claimant states “Claimants last…
The Broader Implications of Unions and Digital Media Companies
A recent New York Times article about the unionization of digital media companies like Vox, (the now defunct) Gawker, and Thrillist provides important lessons for companies concerned about unionization, not just those in the digital media niche.
Employers should pay…
Revisiting OSHA’s Controlling Employer Policy
The United States Court of Appeals for the 5th Circuit has been asked to review OSHA’s twenty year old “controlling employer” policy. As many contractors are surprised to learn, under OSHA’s controlling employer policy, you can be given an OSHA…
Labor Unions: Myths and Facts