PA Construction Code Act 46 –

Act 46 approved by the Governor on July 13, 2005 for the first time since 1987 in the Pennsylvania legislature increases School Districts reimbursements from the State for construction. The PA construction Code Act also includes additional reimbursement for State construction projects that use pre-approved designs from the Department of Education’s school design clearinghouse or whose buildings meet certain environmental design standards.

PA Construction Code Amendments –

HB 1507 Building Code Exemptions –

Amendment proposed to the PA. Construction Code Act providing that existing building without a certificate of occupancy prior to April 10, 2004, would be treated as an existing building under Chapter 3. These buildings would be issued an occupancy permit if the entire building meets the requirements for fire protection and means of egress and the building is not unsafe, unsanitary, or judged not to be a fire hazard or dangerous to human life or public welfare.

HB 1637 Mechanics’ Lien Law –

PA construction Code Act proposes to amend the Mechanics Lien Law to only allow a contractor and not a subcontractor to waive lien rights.

SB 62 Electronic Bidding –

PA construction Code Act Proposes to amend the Procurement Code by requiring the Department of General Services to receive, assess and respond to commonwealth purchase proposals for the procurement of supplies, services or construction. The proposed Pennsylvania legislation also adds a chapter entitled “Local Government Unit Electronic Bidding Act” which permits local government units to permit the electronic submission of bids electronically if the local government has the capability to maintain the confidentiality of the bid until the bid opening time.

Various HB’s –

Competitive Bidding. Various bills have been introduced to increase the minimum threshold amount of work that would require public notice. For example, the First Class PA School Code, Township Code, Municipal Code, and County Code threshold would be raised from $10,000 to $25,000.

HB 1873 –

Construction Sales Tax Exclusion PA Construction Code Act proposes an amendment to the Tax Reform Code by exempting a Pennsylvania state construction contractor employed by a nonprofit school from sales and use tax.

Steven P. Engel

As a trial lawyer and litigator for 30 years, Steven Engel has prosecuted and defended hundreds of lawsuits. His area of specialization is in Construction Law and works with contractors, subcontractors, design professionals, and owners in construction-related matters. Engel is the Director of MBM’s Litigation Department.