On June 12, 2018, Pennsylvania Governor Tom Wolf signed into law House Bill 566, which includes several amendments to the Contractor and Subcontractor Payment Act, (CASPA). The amendments take effect on October 10, 2018.
CASPA was enacted in 1994 to serve as a tool for contractors and subcontractors to help facilitate timely payment for services, labor, materials, and equipment provided to commercial and certain residential construction projects. The statute sets forth payment procedures and timetables, and it defines what constitutes wrongful withholding of payment for completed work.
Violations of CASPA have resulted in significant judgments for contract balances due, together with statutory interest at 1% per month, penalties at 1% per month, and attorneys’ fees and costs.
It is clear that CASPA and ensuing court rulings have helped contractors be paid in many instances. However, contractors, subcontractors, and suppliers still find it challenging to obtain payment and will look to the latest amendments to improve their flow of money on construction projects subject to CASPA.
Content Covered Includes:
1. CASPA overview
2. New right to suspend work for non-payment (for prime and subcontractors)
(a) Specific procedure to invoke suspension rights
(b) Non-payment triggers right to suspend work
3. New rules for withholding payment for deficiency items
(a) Rules for owner that withholds payment
(b) Written notice requirement
(c) Waiver of basis to withhold if notice not issued
(d) Limitation of amount of withholding
(e) Mandate to pay for all satisfactorily completed items shown on invoice
4. New rules for withholding payment (contractor/subcontractor withholding)
(a) – (e) same as above
5. New right to release of retainage prior to final completion of project
6. New rules for invoice errors
Thursday, March 14th
9 am - 11 am
ABC East Norriton Office
430 West Germantown Pike, East Norriton PA 19403
Instructor: Jeffrey C. Venzie (Venzie, Phillips & Warshawer)