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,…
Legal Insights
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…
Help Your Customers Take the Sting Out of Check 21 and HB 197
When legislation affects your business customer’s cash flow, it also affects their relationship with you, the financial institution. Check 21 could have a serious effect on your customers’ ability to…
Mortgage Satisfactions: The (Possibly) High Cost of Non-Compliance
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.…
Uniform Construction Code Update
Since our newsletter last summer, the Legislature has amended the Pennsylvania Uniform Construction Code (UCC) or statewide building code. In addition to Act 92, the Department of Labor and Industry,…
Sales and Use – A Taxing Question
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…
Mechanics’ Lien Waiver Filing Requirements Loosened
Act 96, effective December 2004, loosens the filing requirements of Mechanics’ Lien Waivers, also known as No-Lien Agreements. These agreements, if properly completed, waive a contractors’ statutory right to file…
Design Professionals Should Know: Contractors Can Recover Economic Losses
In a case of first impression decided January 15, 2005, the Pennsylvania Supreme Court in Bilt-Rite Contractors, Inc. v. The Architectural Studio held that a contractor may maintain an action…