Litigation

The litigation attorneys at Houston Harbaugh, P.C., are accomplished business trial lawyers, providing comprehensive support in litigation across a broad spectrum of matters throughout Pennsylvania, West Virginia, Ohio and other jurisdictions upon a special admission basis. Our clients are regional and national small, medium and large companies and individuals who seek well planned and aggressive, but cost effective litigation. We counsel, we budget, we have a deep bench, we act quickly when needed and we have experienced trial lawyers who know the courts and bench. We serve regularly as local counsel for some of the largest law firms in the country when they have matters in this region.
Articles posted in Construction Litigation

Pa. Commonwealth Court: Contractors must honor verbal cancellation requests under HICPA

Commonwealth of Pennsylvania, Office of Attorney General v. Gillece Services, LP, --- A.3d ----, 2024 WL 3282546 (Pa. Cmwlth. 2024) Contractors operating in Pennsylvania must honor customers’ cancellation requests, regardless of whether those requests are made verbally or by another medium. A contractor’s failure to honor such a request will expose them to significant potential liability, as treble damages and attorneys’ fees may be assessed in addition to actual damages.
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Pennsylvania Superior Court: Construction equipment and rental fees are not “materials” under the Pennsylvania Mechanics’ Lien Law

On October 19, 2023, the Superior Court of Pennsylvania held that construction equipment and unpaid rental fees are not “materials” within the definition of the Pennsylvania Mechanics’ Lien...
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United States Third Circuit Court of Appeals Sets 5:00 p.m. Electronic Filing Deadline

On May 2, 2023, the United States Court of Appeals for the Third Circuit issued an Order adopting a new Local Appellate Rule 26.1 and amending Local Appellate...
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Design Professionals and the Economic-Loss Doctrine: The State of the Law in Ohio, Pennsylvania, and West Virginia

The economic-loss doctrine (ELD) is a court-developed doctrine that has been adopted by a majority of U.S. states and jurisdictions. The ELD has two intertwined functions: (1) it...
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When it Comes to Collections, Construction Professionals Have Some Options Other Industries Do Not

As most in business know, it is one thing to get the work, and another to get paid in full and on time for the work. All too...
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Superior Court Further Extends Reach of Negligent Misrepresentation Claims in Pennsylvania

Approximately two years ago, I commented on the Superior Court opinion in Gongloff Contracting, L.L.C. v. L. Robert Kimball & Assoc., No. 785 WDA 2014 (Pa. Super. 2015),...
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Contractor Overhead and Profit May be Included in “Actual Cash Value” in Homeowner’s Policies

In the recent case of Kurach v. Truck Ins. Exchange (C.P. Philadelphia 2017), a Pennsylvania Court held that under Pennsylvania law, insurance companies are required to include general...
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A Quick Look into the Statutory Employer Defense

In a recent case filed in the US District Court for the Middle District of PA, a general contractor and subcontractor agreed to pay $1.2 million to settle...
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Commonwealth Court Holds Delay Damages Available in Government Projects Despite “No Damages for Delay” Clause

In John Spearly Constr., Inc. v. Penns Valley Area Sch. Dist., 2015 Pa. Commw. LEXIS 337 (Pa. Cmwlth. 2015), the Pennsylvania Commonwealth addressed a question that has bedeviled courts...
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Superior Court Reaffirms Oral Change Orders Are Effective Despite Contractual Provisions Requiring Written Approval

In C.E. Pontz Sons, Inc. v. Purcell Constr. Co., 2015 Pa. Super. Unpub. LEXIS 3192 (Pa. Super 2015), the Pennsylvania Superior Court addressed the often disputed question regarding...
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Superior Court Holds Expert not Necessary to Establish Defect in Breach of Equipment Warranty Matter

In Independent Enterprises, Inc. v. JD Fields & Co., Inc., No. 1421 WDA 2014 (Pa. Super. 2015), the Superior Court affirmed a trial court verdict in favor of...
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Supreme Court Grants Appeal in Another Mechanic’s Lien Case

In August of 2014, the Pennsylvania Supreme Court, at 97 A.3d 739, granted a Petition for Allowance of Appeal from the Superior Courts unpublished opinion in Terra Technical...
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Pennsylvania Superior Court finds that Oral Contract Supports Claim under Contractor Subcontractor Payment Act and that “curbs” Constitute “structures” and “improvements to Real Property”

By opinion dated September 10, 2014, a three judge panel of the Pennsylvania Superior Court continued the trend of applying the Contractor and Subcontractor Payment Act in a...
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Safe Harbor Provision of Procurement Code May Not Protect Surety, Depending on Bond Language

In an opinion dated July 11, 2013, The Pennsylvania Commonwealth Court affirmed a lower court ruling finding that a surety may waive its protections under the Safe Harbor...
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Text Messages Found Sufficient to Evidence Construction Contract

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)...
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Pennsylvania Supreme Court to Review Ability of Subsequent Buyers to Claim Breach of Implied Warranty Against Construction Contractor

In Conway v. Cutler Group, Inc., 57 A.3d 155 (Pa. Super 2012), the Pennsylvania Superior Court held for the first time that a subsequent buyer of a home,...
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When Does an Agreement to Repurchase Construction Material Equal a Contract for Services?

Recently, in the case of CPG Int’l LLC v. Shelter Products, Inc., No. 3:15cv1045 (M.D. Pa. 2017) the United States District Court for the Middle District of Pennsylvania...
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About Us

The litigation attorneys at Houston Harbaugh, P.C., are accomplished business trial lawyers, providing comprehensive support in litigation across a broad spectrum of matters throughout Pennsylvania, West Virginia, Ohio and other jurisdictions upon a special admission basis. Our clients are regional and national small, medium and large companies and individuals who seek well planned and aggressive, but cost effective litigation. We counsel, we budget, we have a deep bench, we act quickly when needed and we have experienced trial lawyers who know the courts and bench. We serve regularly as local counsel for some of the largest law firms in the country when they have matters in this region.

Henry Sneath Pittsburgh Business Litigation Lawyer. Pittsburgh Strong.® DTSALaw® Complex Case Mediation and ADR

Henry M. Sneath - Practice Chair

Co-Chair of Houston Harbaugh’s Litigation Practice, and Chair of its Intellectual Property Practice, Henry Sneath is a trial attorney, mediator, arbitrator and Federal Court Approved Mediation Neutral and Special Master with extensive federal and state court trial experience in cases involving commercial disputes, breach of contract litigation, intellectual property matters, patent, trademark and copyright infringement, trade secret misappropriation, DTSA claims, cyber security and data breach prevention, mitigation and litigation, probate trusts and estates litigation, construction claims, eminent domain, professional negligence lawsuits, pharmaceutical, products liability and catastrophic injury litigation, insurance coverage, and insurance bad faith claims.

Sam Simon Houston harbaugh lawyer

Samuel H. Simon - Practice Chair

As co-chair of Houston Harbaugh’s Litigation Group, Sam focuses his practice on commercial/business litigation. Sam regularly represents clients in the construction, manufacturing, oil and gas, and wholesale/retail/ distribution industries, as well as individuals in matters such as:

  • Construction litigation
  • Environmental litigation
  • Breach of contract disputes
  • Oil and gas litigation
  • Negligence
  • Restrictive covenants (non-compete agreements)
  • Civil rights
  • Collections/creditors’ rights
  • Lease disputes