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Pennsylvania Construction Law Questions & Answers
1 Answer | Asked in Contracts, Business Law, Civil Litigation and Construction Law for Pennsylvania on
Q: Can i sue the Civil engineer/Architect for fees paid if they fail to deliver the approved plans?

The plans by Civil Engineer and Architect have not been approved by the city as they do not meet codes. I have paid them in full and they are not making any attempts to rectify the issue. I would like to get back the fees I have paid and compensation for my wasted time. What practice area lawyer... Read more »

Elizabeth Tarasi
Elizabeth Tarasi answered on Sep 10, 2019

A trial attorney or litigator.

1 Answer | Asked in Contracts and Construction Law for Pennsylvania on
Q: 8 yrs ago I had a french drain installed, I just found out that about 30 ft of it has no pipe installed. Is it too

This week I tried to dig up some of the drain which never worked to see if I could fix it. I found out that about 30 ft only had gravel and no drain pipe installed (right in the problem area) Do I have any recourse?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 6, 2019

Unless you have some sort of a written guaranty or warranty, probably not.

1 Answer | Asked in Construction Law, Constitutional Law, Environmental and Land Use & Zoning for Pennsylvania on
Q: Our development is flooding from heavy rains since a new massive development was added roughly 5 years ago. Any options?

Hello, our development rain water drainage is backing up and flooding our homes since a new development was added next to us down stream of our run off. Our township was told by an engineer that our catch basin would NEVER pass code today and that is overflowing into neighbors yards, pipes can't... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 26, 2019

As you and your neighbors already realize, this is a very complex situation. It's the type of matter that if litigated, could drag on for years in court and easily accrue very high legal fees. It would very likely involve expert testimony from civil engineers, architects, urban planners, and other... Read more »

1 Answer | Asked in Workers' Compensation and Construction Law for Pennsylvania on
Q: Topic: Pennsylvania Workers' Comp requirements.

I am dealing with a contractor for a roof repair. I have asked him for both a cert. of liability insurance and a cert of workers' comp insurance.

He says that since all his employees are subcontractors he does not need workers' comp in his name.

I say this is nonsense.... Read more »

Timothy Belt
Timothy Belt answered on Sep 11, 2017

Nonsense sounds about right. They may be subcontractors, but if they truly are he should be able to provide copies of written agreements with all of them and proof that they have their own liability insurance. Otherwise, he may want to take a look at the CONSTRUCTION WORKPLACE MISCLASSIFICATION... Read more »

1 Answer | Asked in Contracts and Construction Law for Pennsylvania on
Q: What is a reasonable amount of time for a contractor to complete work? Should I send certified letter to ask for refund?

The contractor I hired took apart my retaining wall 4 months ago and never came back. I received a Violation Notice from the city and have 60 more days to fix the wall or incur daily fines. I have called the contractor multiple times. His response is always he will finish the job “this week”... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 22, 2016

Yes. But you need to line up another contractor and work to get an extension from the city.

1 Answer | Asked in Construction Law and Land Use & Zoning for Pennsylvania on
Q: An office building is being constructed on a corner lot, does it have to have an entrance on its address street?

The corner lot in question was zoned residential, but recently was able to be-zoned commercial. The lot is at the corner of a main road and a side street. The blueprints show the only entrance/exit and driveway to the building on the side street, and nothing is on the main road. All blueprints... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 10, 2016

Not that I am aware of but why not ask the township zoning/building permits officer?

1 Answer | Asked in Construction Law, Personal Injury and Real Estate Law for Pennsylvania on
Q: Developer started new construction next to the existing building.

Dear Sir/Madam:

I live in the Philadelphia PA area in a multi-building development where we rented an apartment about 14 months ago. The developer recently completed another building adjacent to mine. The construction lasted six months with the attending noise every single day. We were not... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 6, 2016

Not sure you have one that's worth the cost of bringing.You may be able to break the lease but suggest you contact an attorney who works on tenants rights issues. Contact Community Legal Services, ask for their housing unit, ask if any of their attorneys have gone into private practice and contact... Read more »

1 Answer | Asked in Construction Law and Products Liability for Pennsylvania on
Q: water entering basement via electrical conduit from the outside. House is only 3 y/o. Is developer liable or is it on me

No work has been done to the basement or to the yard out front where the well pump is and only happens when it rains. The problem started last year. I have contacted the developer to have someone look at it and was told that they would ask the owner. Also, the representative I spoke too said it... Read more »

Adam Studnicki
Adam Studnicki answered on Feb 4, 2016

A strong letter from a lawyer might help.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem...
Read more »

1 Answer | Asked in Construction Law for Pennsylvania on
Q: I want to do some home repairs,am I considered a contractor by PA workers compensation law?

I purchased a mobile home located in Camelot Estates in Mill Hall PA. at 10 Merlyn Road, Mill Hall PA. 17751. I purchased the home June of this year, at the time of purchase portions of the front porch and rear deck/porch were unsafe to walk on and needed replaced. I purchased the home knowing the... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Oct 6, 2015

Don't you think it would be a good idea to check with the local authorities about getting a building permit and finding out if one is required or not?

1 Answer | Asked in Construction Law for Pennsylvania on
Q: What is spot zoning and how do we stop it
Mark Scoblionko
Mark Scoblionko answered on Mar 14, 2014

"Spot zoning" refers to a request that a specific, small section be carved out of an exisiting zoning area and re-classified to a new zoning area to accomodate a new intended use. The name comes from the fact that a "spot" out of an existing zoning area is sought to be changed. If a practice is,... Read more »

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