November 29, 2006, Blue Bell, PA — Jeffrey P. Wallack, a partner in the firm’s construction law and commercial litigation departments, was a speaker on November 29, 2006 at a National Business Institute seminar in Philadelphia, Pennsylvania entitled, “Construction Law:  What Do You Do When?” Mr. Wallack spoke about a wide range of construction law topics, including public bidding, change order, delay claim, mechanic's lien, payment bond and dispute resolution issues. Mr. Wallack’s practice concentrates on the representation of owners, contractors and subcontractors in construction disputes and other construction-related matters, in addition to the representation of clients in commercial litigation matters.

September 22, 2006— Megan E. Shafer was inducted into the Denison University Athletic Hall of Fame. Megan is a 1994 graduate of Denison University and among her many accomplishments she was named the North Coast Athletic Conference Women's Soccer Offensive Player in 1993 and was a first-team NSCAA All-American. Megan concentrates her practice in the areas of education law and labor and employment law.

September 22, 2006— Andrew B. Cantor was elected to the Board of Overseers and the Board of Trustees of Albert Einstein Healthcare Network. Mr. Cantor is a former President of the Montgomery Bar Association and is on the Boards of Montgomery Hospital and Montgomery County Community College. He also serves as a Delegate to the Pennsylvania Bar Association House of Delegates.

June 8, 2006—Ken Roos and Megan Shafer will be speaking at the Summer Law & Governance Workshop sponsored by the Pennsylvania School Boards Association (PSBA) on Saturday afternoon, July 15, 2006, from 1:45 - 3:00 p.m. The seminar is part of the educational sessions for the general workshop audience, primarily board members and administrators. The topic is "Student and Staff Issues in Extra-Curricular Activities” and will include a discussion of participation of charter school and home-school students in public school extra-curricular activities, Title IX retaliation, part-time employment of PSERS retirees, background checks, and salaries and appointments for supplemental salary schedule positions. Registration applications are available on PSBA’s web site, www.psba.org/programs-events/sw2006edsessions.asp. Brochures for this event are also available by e-mail to kroos@wispearl.com

May 22, 2006 — Kenneth A. Roos, Megan Shafer and Amy Brooks, Esquires are authors of article in PSBA Bulletin. download article- Part 2

April 19, 2006 — Jeffrey P. Wallack, a partner in the firm’s construction law and commercial litigation departments, was a speaker on April 19, 2006 at a National Business Institute seminar in Philadelphia, Pennsylvania entitled, “Using a Mechanic’s Lien to Get Your Money in Pennsylvania.” Mr. Wallack spoke about the prosecution and defense of mechanic’s lien claims in Pennsylvania and construction contract drafting issues. Mr. Wallack’s practice concentrates on the representation of owners, contractors and subcontractors in construction disputes and other construction-related matters, in addition to the representation of clients in commercial litigation matters.

April 4, 2006 — Kenneth A. Roos, Megan Shafer and Amy Brooks, Esquires are authors of article in PSBA Bulletin. download article- Part 1

March 6, 2006 — Kenneth A. Roos, Esquire, Chair of the Firm’s Law Department, was a Course Planner and Presenter at the Pennsylvania Bar Institute seminar entitled “The Constitution in School” held on Tuesday, April 25, 2006 at the CLE Conference Center, Wanamaker Building in Philadelphia, Pennsylvania.

February 20, 2006 — Claudia L. Huot, Esquire, member of the Firm’s Education Law Department spoke about “Settlement Agreements: Finding Common Ground” at the 34th Annual Special Education Law Conference, at the Mountaintop Campus of Lehigh University on Friday, May 12, 2006. We have been advised that Act 48 hours are available for this seminar.

February 20, 2006 — Kenneth A. Roos, Esquire, Chair of the Firm’s Education Law Department, spoke at the Spring Legal Roundup sponsored by the Pennsylvania School Boards Association (PSBA) on April 5, 2006 at the Bucks County IU 22 in Doylestown. The seminar is designed for board members, superintendents, school solicitors, principals and other administrators. It reviewed the most recent court cases, laws and regulations affecting schools.

December 2, 2005 — William L. Landsburg, a Partner at Wisler Pearlstine Talone Craig Garrity & Potash LLP in Blue Bell, was a featured speaker at the seminar, “How to Preserve Your Wealth in These Uncertain Times,” at the Marriott Philadelphia West  in Conshohocken. Sponsored by Ryan Beck & Co. and First Trust Portfolios LP, Mr. Landsburg spoke on the topic of estate planning and its role in preserving wealth.

Mr. Landsburg, who is also a Certified Public Accountant, has been practicing estate planning and taxation law in Montgomery County for more than 25 years. His clients include family-owned businesses and individuals, among others.

An active participant in numerous community activities, Mr. Landsburg has served as president of the Golden Slipper Club & Charities and the Golden Slipper Uptown Home, and was the recipient of the non-profit organization’s Gold Medallion Award of Achievement in 2001. 

December 1, 2005 — Lawrence D. Dodds, an associate with Wisler Pearlstine has been named a “Pennsylvania Rising Star,” appearing in the December 2005 issue of Philadelphia Magazine and in the Pennsylvania Super Lawyers magazine. To be eligible for selection, an attorney must be age 40 or younger, or in practice for ten years or less. Only 2.5 percent of all practicing attorneys in Pennsylvania were selected as Rising Stars, after an extensive survey and peer review conducted by Law & Politics Media in a process intended to distinguish outstanding emerging attorneys in the state.

A member of the firm’s Education Law Group, Mr. Dodds concentrates his practice in the areas of special education law and family law. He holds a Ph.D. in clinical psychology with a focus on the treatment of adolescents and forensic issues, and prior to entering legal practice he provided therapy and assessment services in residential treatment centers for emotionally disturbed children.

October 31, 2005 — Wisler Pearlstine’s Kenneth Roos Elected 2006 President of the Pennsylvania School Board Solicitors Association

Kenneth A. Roos, head of the Education Law Group at Wisler Pearlstine Talone Craig Garrity & Potash LLP, has been elected the 2006 President of the Pennsylvania School Board Solicitors Association (PSBSA).

The PSBSA is a department of the Pennsylvania School Boards Association and is comprised of attorneys who focus in the representation of public school districts. The PSBSA strives to create a forum in which attorneys can network, share ideas and expertise, and stay abreast of current issues, case law, legislation and other developments in education and local government law impacting on public schools.

Mr. Roos has been practicing school law and employment law in Montgomery County for more than 20 years. He currently serves as the solicitor for several public school districts in southeastern Pennsylvania, and provides legal representation and advice to numerous other public school districts, charter schools and other educational entities. Mr. Roos is a frequent speaker at educational law seminars throughout the region. 

October 28, 2005 — Wisler Pearlstine Attorneys Mason Avrigian, Jr. and Jeffrey P. Wallack Win Jury Verdict In Construction Product Liability Case — Portion of Damages Awarded Based on the Eichleay Formula  

October 25, 2005 — Construction attorneys Mason Avrigian, Jr. and Jeffrey P. Wallack of Wisler Pearlstine, LLP in Blue Bell won a jury verdict in a construction product liability case before Judge Ronald Buckwalter, in the Eastern District of Pennsylvania. The case involved a specific aspect of construction law damages that is rarely applied by a jury. The case, Vanalt Electrical Construction, Inc. vs. Selco Manufacturing Corporation, involved claims by Vanalt against the manufacturer (Selco) of electrical connectors to be used for the reconstruction of SEPTA’s Girard Avenue Trolley line. Vanalt asserted that the electrical connectors were defective and could not be used for their intended purpose on the project and had to be removed, reworked and then reinstalled. Vanalt asserted claims for breach of contract, breach of express warranty and breach of the implied warranty of fitness for a particular purpose. The jury awarded damages in the aggregate amount of $300,000. Interestingly, the jury calculated this amount based in large part on the Eichleay formula — a complex but accepted methodology that originated in federal case law for awarding unabsorbed home office overhead damages as a result of delays in construction cases, one not often adopted in Pennsylvania case law and rarely applied by a jury.

At Vanalt’s time and expense, it took five months to find and implement a solution for the defective product. During that time, Vanalt could not perform any other revenue producing work on the project. Also, SEPTA suspended payments during that time and Vanalt lost interest on those payments. Vanalt sought damages for:

• direct labor, materials and equipment Vanalt  used to find and implement a solution for the defective product  

• unabsorbed home office overhead damages — this  is where the Eichleay formula was applied.
  

In applying Eichleay, Vanalt had to meet a difficult burden of proof. They established:

• that the product defect was the sole reason  for the delay  

• that their overall time on the job was  extended solely due to the delay  

• that the company could not perform any other  revenue producing work on this project as a result of the  delay.
  

Once met, Judge Buckwalter allowed the Eichleay formula as an acceptable form of damages if the jury deemed fit. Judge Buckwalter instructed the jury on the law of the Eichleay formula and on the plaintiff’s heavy burden to demonstrate all of the above elements in order to award the home office overhead damages. The jury undertook the task of learning and applying the formula to arrive at their conclusion. Although the jury’s verdict was in the aggregate, based on the other damage claim amounts, Vanalt believes that approximately one third of the jury’s verdict was an award of unabsorbed home office overhead damages based on the Eichleay formula.

September 2005 — AGC of Amercia Article by By Mason Avrigian, Attorney at Law

Design Defect Claims. Contractors Can Sue Designers Directly.

Mason Avrigian Jr. is a partner in the Blue Bell, Pa., law firm of Wisler Pearlstine LLP. His practice is concentrated on construction law and construction litigation. Avrigian was lead counsel for Bilt-Rite Contractors Inc. the plaintiff in the case that is the subject of this article.

Pennsylvania joins several other states in allowing contractors to recover damages for design misrepresentation even though there is no contract. click here to read full article

September 12, 2005 — Kenneth A. Roos and Megan E. Shafer, both attorneys in the Education Law Department, will be presenting on “Issues Arising in Extracurricular Program Management” at the Fall 2005 School Law Workshop sponsored by the Pennsylvania School Boards Solicitor's Association.  The event will take place at the Hotel Hershey in Hershey, PA on October 26, 2005.  Five CLE substantive credit hours will be available.Registration applications are available on the Pennsylvania School Boards Association web site, http://www.psba.org/registrations/leadership-conference/workshop-1.asp

August 19, 2005 — Michael J. Clement has joined the Board of Directors of Continental Bank, a new bank which will be opening two branches next month, one in Plymouth Meeting and one in Devon.  Continental Bank is well capitalized with initial investment funds of $30,000,000.

Continental Bank is positioned to fill a specific void in the marketplace for customers created by the unwillingness of the larger-sized banks to finance many real estate and business loans of less than $5 million.

The Bank will focus on providing commercial and consumer banking services to individuals, real estate owners/developers and small businesses in the suburban Philadelphia markets of Chester and Montgomery Counties.

Larger banks have an institutionalized approach to customers; Continental Bank won’t.  Continental Bank will focus on quick decision and customer service.

Mr. Clement is a partner with Wisler Pealstine where he has been practicing law for over 30 years.  He has represented financial institutions in connection with complex commerical and real estate lending transactions, real estate acquisitions, land planning and approval for branch banks, joint ventures and participations.

Mr. Clement also represents land developers and business entities in connection with land development and lending transactions, and provides general legal services to these business entities and their officers, directors and managers.

June 30, 2005 — Michael D. Kristofco was recently appointed the Solicitor for the Pennsbury School District. The Pennsbury School District serves over 11,000 students from Falls Township, Lower Makefield Township, Tullytown Borough and Yardley Borough in Bucks County. Mr. Kristofco is a partner at Wisler Pearlstine and practices in the areas of educational law and litigation. More information about the Pennsbury School District can be found at http://www.pennsbury.k12.pa.us/index.htm

June 7, 2005 — Charles Potash, Esquire, Solicitor of the School District of Jenkintown since 1983, was designated “Solicitor Emeritus” by Resolution of the Board of School Directors at its meeting on June 6, 2005 in appreciation of his twenty-two years of service as its Solicitor.

May 24, 2005 — Kenneth A. Roos, Esquire, will be speaking at the Summer Law & Governance Workshop sponsored by the Pennsylvania School Boards Association (PSBA) on Friday afternoon, July 15, 2005, from 3:45 - 5:00 p.m. The seminar is part of the educational sessions for the general workshop audience, primarily board members and administrators. The topic is "Student and Staff Issues in Extra-Curricular Activities” and will include a discussion of participation of charter school and home-school students in public school extra-curricular activities, Title IX retaliation, part-time employment of PSERS retirees, background checks, and salaries and appointments for supplemental salary schedule positions. Registration applications are available on PSBA’s web site, www.psba.org/programs-events/sw2005edsessions.asp

May 11, 2005 — Joseph M. Bagley was recently appointed to the Advisory Committee for the Civil War and Underground Railroad Museum of Philadelphia.  The Museum, which was founded in 1888, displays a large collection of artifacts donated by Civil War veterans and also houses research facilities.  Mr. Bagley is an attorney in the Municipal Law Department of Wisler Pearlstine and focuses his practice on zoning, land development and other municipal issues

April 29, 2005 — Andrew B. Cantor, of the firm’s municipal law department,was awarded the Montgomery Bar Association Henry Stuckart Miller; Public Service Award at Law Day ceremonies. The Award was given in appreciation of his devotion and service to the community of Montgomery County. Mr. Cantor has been a member of the Montgomery Hospital Board of Directors for close to 20 years and has served on the Montgomery County Community College Board of Trustees from 1998 to date. He is presently Secretary of the Board. Mr. Cantor is also a Past President of the Montgomery Bar Association, Montgomery Bar Foundation and Hedwig House Board of Trustees. He is presently Secretary of the Board. Mr. Cantor is also a Past President of the Montgomery Bar Association, Montgomery Bar Foundation and Hedwig House Board of Trustees.

February 10, 2005 — A significant decision by the Supreme Court of Pennsylvania, issued January 19, changes Pennsylvania law to allow contractors to sue architects and engineers for damages because of deficiencies in design plans and specifications.  The decision provides — for the first time in Pennsylvania — a basis upon which contractors can recover additional costs and monetary damages incurred as a result of design errors.

The case, Bilt-Rite Contractors Inc., v. The Architectural Studio, arose out of a public school construction project. In 1999, Bilt-Rite Contractors filed suit against the architect alleging it had negligently misrepresented the work required for three components of the project: curtainwall, metal studs/dry wall; and aluminum sloped glazing. As a result of alleged design deficiencies, the contractor incurred substantial additional costs to perform the work and experienced subsequent delay and disruption damages.

Initially, the lower courts rejected Bilt-Rite’s claim against the architect because there was no contract between the parties. However, on appeal, the Supreme Court changed the law and adopted a new cause of action for contractors.

“This is a major change in Pennsylvania law,” said Bilt-Rite attorney Mason Avrigian, Jr., a partner at Wisler Pearlstine Talone Craig Garrity & Potash LLP. “Until now, contractors had no recourse for damages incurred because of a designer’s negligence.” Mr. Avrigian added that although the Supreme Court’s decision in the Bilt-Rite case is limited to public construction projects, the principles underlying the decision at some point also may apply to private construction projects.

Mark A.Hosterman was recently appointed the Solicitor for the Northern Montgomery County Recycling Commission. The Recycling Commission is comprised of ten Montgomery County municipalities dedicated to pooling resources to promote recycling and maximize state grant recycling awards. The member municipalities include Ambler Borough, Franconia Township, Hatfield Borough, Hatfield Township, Lower Gwynedd Township, Lower Salford Township, Montgomery Township, Souderton Borough, Telford Borough and Towamencin Township. Mr. Hosterman is a partner at Wisler Pearlstine and concentrates his practice in the areas of municipal law, zoning and land use. More information on the Recycling Commission can be found at www.northmontcorecycle.org.

Michael J. O’Donoghue, Esquire, chair of the firm’s business/corporate law group, was recently reappointed to the Board of Directors of the Southeastern Pennsylvania Transportation Authority (SEPTA) for a third five year term.  SEPTA is a regional authority created by the Commonwealth of Pennsylvania to operate public transportation in Philadelphia and its four surrounding counties.  SEPTA has an annual budget of over $1,000,000,000 and employs over 9,000 people. 

Mr. O'Donoghue was also recently elected to a three-year term on the Board of Directors of Leesport Bank, Wyomissing, PA.

Jason J. Herron was recently appointed to the East Vincent Township Planning Commission for a four year term. As a member of the Planning Commission, he will be responsible for reviewing proposed land development projects within the Township and making recommendations on those projects to the Board of Supervisors. Mr. Herron is an attorney in the Real Estate and Banking Departments of Wisler Pearlstine. 

Kenneth A. Roos, chair of the firm’s Education Group, was elected to the office of President-Elect for the Pennsylvania School Boards Solicitors’ Association at the Association’s annual meeting in October, 2004. The Pennsylvania School Boards Solicitors’ Association is an affiliate of the Pennsylvania School Boards Association, the first school board association established in the United States.

Joseph M. Bagley was recently appointed the Solicitor for the Chalfont – New Britain Township Joint Sewage Authority. Mr. Bagley, a partner in Wisler Pearlstine, concentrates his practice in municipal and land use law. The Authority services customers in Chalfont Borough and New Britain Township, and also provides treatment capacity to other communities in the central Bucks County area, and portions of Montgomery Township. The six member Board of the Authority appointed Mr. Bagley at its November 9, 2004 public meeting.