Act 48 – Where do we Go From Here
On April 30, 2006 the grace period extending the compliance requirements of Act 48 of 1999 expired. The full impact of Act 48 will take effect this summer, and careful…
Legal Insights
Recent Win: DelRay Windows v. Mars Builders Inc.
The client, a commercial window installer, was pursuing payment of $263,000 from the builder/owner. The client’s claim was that installment payments had stopped, although the job was 90 percent completed.…
PA State Construction Code Under Pennsylvania Legislature
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…
Planning for the Future
While most of us do not like to admit it, at some point in time letting go of the company will inevitably be something that must seriously be considered. According…
Don’t Forget the Bond
In all public construction projects (State, Local & Federal), in excess of certain monetary limits, the Prime Contractors (those with a direct contract with the Public entity) are required to…
Use of Video Surveillance Evidence to Support Employee Discipline
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…
Commonwealth Court Affirms Right of School Districts to Appeal Tax Assessments Based on Recent Sales
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”…
Non-Resident Tuition – To Charge or Not?
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…
Act 72 Update
I. IF YOUR DISTRICT OPTED OUT OF ACT 72: If your district was among the 390 who elected to opt out of Act 72, your present school operations have not…
Newsletters 2005
Register to receive Maiello Brungo & Maiello newsletters. Construction Fall 2005 Featured Articles Payment/Performance Bonds are Required Reading Succession Plan Options DelRay Windows v. Mars Builders Inc. Legislation: Act 46,…
Use of Property Key Factor in Determining Appropriateness of Taking
In Marple Twp. V. Marple Newton School Dist.[1](2004), Marple Township filed a declaration of taking against property owned by the school district and used to house the district’s maintenance trucks,…
Student Discipline for After-School Misconduct
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.…
Have You Given Required Notice of Military Leave Rights?
The federal Uniformed Services Employment and Reemployment Rights Act (USERRA), was amended to require employers to notify employees who voluntarily or involuntarily leave employment to undertake military service of their…
Supreme Court May Look at Taxing Bodies’ Ability to Appeal Undervalued Property
On March 10, 2005, a Petition of Allowance of Appeal was filed before the Pennsylvania Supreme Court. At issue is whether a taxing body can appeal what it believes to…
Speculation and Assumption Improper in Assessing Property
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…