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Will DBE Fraud Continue to Be Prosecuted? The Impact of the Kousisis Decision in the Shifting Affirmative Action Landscape

On May 22, the Supreme Court in Kousisis, et al., v. United States, affirmed the convictions of a painting subcontractor and its owner (defendants) under the federal wire fraud statute for conspiring to defraud the Department...more

Pennsylvania Appellate Court Clarifies Recovery and Service Requirements of Mechanics’ Lien Law

The Superior Court of Pennsylvania concluded 2023 by issuing two opinions that clarify (1) the costs recoverable under the Lien Law and (2) the requirements for perfecting service of a lien claim. Two key takeaways are...more

PA Appellate Court Issues Strong Reminder: CASPA’s Fee-Shifting Mechanism Applies to Subcontractors, Contractors, and Owners Who...

SDSP, LLC v. Attias, 2023 Pa. Super. Unpub. LEXIS 1518 - The Superior Court of Pennsylvania vacated a multimillion-dollar award to subcontractors arising from a payment dispute, and remanded the matter to the trial court...more

Suppliers Beware: US Government Continues Prosecution of DBE Fraud Cases Involving Supplies Passed Through DBEs

On April 21, the Third Circuit Court of Appeals affirmed the convictions of a painting subcontractor and its owner (defendants) under the federal wire fraud statute for conspiring to defraud the Department of Transportation...more

Pennsylvania Appellate Court Affirms Dismissal of In-State Subcontractor’s Suit Against Out-of-State General Contractor for Lack...

Bean Sprouts LLC v. LifeCycle Construction Servs. LLC, No. 001268-CV-2021 (Pa. Super. Feb. 17, 2022) The Superior Court of Pennsylvania recently raised the bar for state courts to assert jurisdiction over out-of-state...more

The Buckeye State Bucks Recent Trend: Ohio Supreme Court Holds That Property Damage Caused By A Subcontractor’s Faulty Work Does...

Ohio N. Univ. v. Charles Constr. Servs., 2018 Ohio LEXIS 2375 (Oct. 9, 2018) - This case arose out of the construction of an inn and conference center at Ohio Northern University (“ONU”). After completion of the project,...more

Pennsylvania Strengthens Contractor and Subcontractor Rights and Remedies Relating to Nonpayment in Recent Amendments to CASPA

On June 12, Governor Tom Wolf signed into law amendments to Pennsylvania’s Contractor and Subcontractor Payment Act (CASPA), 73 P.S. § 501 et seq., which will become effective on October 10, 2018....more

No Negligence? No Causation? No Problem. Arizona Appellate Court Holds General Contractor Need Not Prove Subcontractor’s...

Amberwood Dev., Inc. v. Swann’s Grading, Inc., No. 1 CA-CV 15-0786, 2017 Ariz. App. Unpub. LEXIS 207 (Ct. App. Feb. 23, 2017) - This case arose out of a housing development project, with Amberwood Development Inc....more

Kentucky Appellate Court Holds That a Contractor May Pursue Claim of Negligent Misrepresentation Against Architect Despite Lack of...

D.W. Wilburn, Inc. v. K. Norman Berry Assocs., No. 2015-CA-001254-MR, 2016 Ky. App. Lexis 206 (Ky. Ct. App. Dec. 22, 2016) - This case arose out of a construction project in which the Oldham County Board of Education...more

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