Legal Insights

Owners, in drafting construction contracts, include “no damage for delay” clauses which preclude a contractor or subcontractor from obtaining a monetary or other damage award for delays during construction and…

Often with commercial leases a tenant will seek or be offered a form of inducement for its lease of premises, generally to allow for tenant improvements to space.  There are…

Problems and Solutions Pennsylvania coal has been mined since the 1800’s[1]. Before 1977[2] under-regulated mining left open pits, coal refuse, spoil piles, acid mine drainage, open shafts, erosion, clogged streams,…

The Pennsylvania legislature has passed a law revising the Mechanics’ Lien Law of 1963 that, as of January 1, 2007, a wavier of a contractor of its lien rights is…

Student or parent complaints regarding misconduct by teachers is always a sensitive matter but one which requires prompt and immediate action by the District.  Individuals vested with responsibility for investigating…

Effective January 21, 2006, the Pennsylvania Supreme Court has put in place rules enabling a residential landlord to attach a tenant’s wages in order to satisfy judgments for delinquent rent.…

Owners and managers of commercial property (including leased residential properties) can be held liable under civil negligence claims for harm to persons caused by third party crime.  For example, the…

Has your school district adopted the required student wellness policy?  Don’t forget that the Federal Child Nutrition and WIC Reauthorization Act requires that every district receiving federal funds for breakfast…

When confronted with concerns of employee theft, Districts have turned to hidden surveillance cameras to obtain the proof to support a termination.  However, to assure that evidence will be considered…

On occasion, it has been argued by taxpayers or their counsel during the course of an assessment appeal brought by a school district that the district’s appeal constitutes “spot assessment”…

The beginning of a new school year brings many challenges for school administrators.  A new school year also results in a flurry of motions and requests from Family Division and…

School officials can have a difficult time determining the boundaries of their authority to discipline students for misconduct, especially when the misconduct occurs off school property or after school hours.…

Assessment of property cannot be based on speculation and assumption with respect to future or possible use. In ENF Family Partnership v. Erie County Bd. of Assessment Appeals[1](2004), the property…

As Bankers Trust found out the hard way, mere negligence in a very simple task could result in a significant expense… Financial institutions, like other businesses, face tough budget decisions.…

Confusion has continued since the Sales and Use Statute was substantially revised in 1998. Most of the confusion arises when the owner is a public or charitable entity. The old…