News & Publications

Pennsylvania’s Prompt Payment Act Applies To Mixed Use Construction

Pennsylvania Superior ruled that the commonwealth's prompt payment act, the Contractor and Subcontractor Payment Act, 73 P.S. § 501 et seq. (CASPA), applies to mixed use construction contracts even when such contracts include residential construction in their scope that would not otherwise be governed by CASPA. Indeed, in El-Gharbaoui v. Ajayi, the appellate court ruled, in a decision marked for publication, that CASPA applied to a contract for renovation to a building that contained a daycare facility, a [...]

Property Owners Can Push The Issue Under Illinois Mechanic’s Lien Law

This past March, in CB Construction & Design, LLC v. Atlas Brookview, LLC, et al., the Illinois First District Appellate Court recognized a property owner's ability to significantly shorten the time for a mechanic's lien claimant to bring suit to enforce the lien. In general, under the Illinois Mechanics Lien Act (770 ILCS 60/0.01 et seq.) (the "Act"), a lien claimant must commence a suit and join necessary parties within two years after the completion of the [...]

Minority Owner Protection Provisions In Commercial Or Mixed-Use Condominium Projects

To preserve the marketability of a commercial or mixed-use condominium unit sold to a third-party, it may be necessary to include specialized minority owner protection provisions in the condominium declaration for the project. A description of common minority owner protection provisions to consider in condominium declarations are set forth below: Major Decision Provisions A Major Decision provision essentially provides that any decision made by the condominium association or another owner that has a material adverse [...]