Profile cover photo
Profile photo
Jeffrey Ludwikowski
404 followers
404 followers
About
Posts

Post has attachment

Post has attachment

Construction Consultant Permitted to Pursue Unjust Enrichment Claim against Homeowner

http://www.psmn.com/blog/2016/07/construction-consultant-permitted-to-pursue-unjust-enrichment-claim-against-homeowner-1.shtml

Changes to CASPA in the Works.
http://www.psmn.com/blog/2016/05/changes-to-caspa-in-the-works.shtml


Owners, Contractors and Subcontractors should be aware of various proposed amendments to the Pennsylvania Contractor and Subcontractor Payment Act ("CASPA") which are presently pending before the Pennsylvania House Commerce Committee.
House Bill 726 of 2015 is anticipated to be brought to a vote in the near future. By that Bill, the House is proposing to amend various provisions of CASPA related to an owner's or contractor's ability to withhold payment as the result of alleged errors, issues regarding withholding retainage, the amount of penalties that may be assessed for improper withholding of payment and the award of attorney fees. The full text of the amendments can be found here.
The various proposed amendments are still subject to comment and change, but it appears likely that most of these revisions will become law in their present form or with only minor changes.

http://www.psmn.com/blog/2016/04/text-messages-found-sufficient-to-evidence-construction-contract.shtml


Text Messages Found Sufficient to Evidence Construction Contract
By Jeffrey Ludwikowski of Picadio Sneath Miller & Norton, P.C. posted in Construction on Tuesday, April 26, 2016.
  Jeffrey Ludwikowski on G+
In February of 2016, the Court of Common Pleas of Northampton County issued its opinion in Dietrick v. Fulciniti, PICS Case No. 16-0370 (C.P. Northampton Feb. 18, 2016) Murray, J. In that opinion the court found that an exchange of text messages was sufficient to evidence a contract for construction renovation.  The Court held that even though the text messages were not signed, the fact that both parties exchanges messages manifested an agreement, and that the contractor included a payment schedule, which demonstrated a sufficient meeting of the minds.
Initially, defendant filed preliminary objections to plaintiff's complaint for failure to comply with Pennsylvania Rule of Civil Procedure 1019(i) which requires that when any claim is based upon a writing the pleader shall attach a copy of the writing to the complaint.  Plaintiff subsequently amended its complaint to attach copies of various text messages between plaintiff and defendant.  Defendant again filed preliminary objections asserting that the text messages, which were unsigned, were not sufficient to evidence a contract.  The Court overruled defendant's preliminary objections, finding that enough information was contained in the text messages to constitute a written contract and that such information was sufficient to place defendant on notice of the nature of plaintiff's claims.

Post has attachment

Wait while more posts are being loaded