I. Agreement Formation With a Partnership Under Pennsylvania law, binding a partnership to a contract requires proof of three things: (1) mutual assent, (2) sufficiently definite terms, and (3) consideration. Courts apply an objective theory of contracts, focusing on what the parties said and did—not their later characterizations of…
The Use of Surety Bonds in PA to Protect Subcontractors & Owners
An Extra Layer of Payment Protection Subcontractors on construction projects often face a basic risk: they perform the work but depend on the general contractor—not the owner—to get paid. If the contractor encounters financial trouble or simply refuses to pay, the subcontractor may be left chasing payment long after the…
Confession of Judgment in PA: Procedure & Defenses
Introduction Pennsylvania remains one of only nine states that still permit creditors to obtain a confession of judgment, which is powerful because it allows a creditor to obtain and enforce a judgment without prior litigation or notice to the debtor, based on the debtor’s advance contractual authorization—typically contained in a…
Strategy: Settling With Fewer Than All Defendants in PA
Strategic Settlements In complex tort litigation—particularly construction litigation and other multi-defendant cases—plaintiffs often face a difficult strategic question: Should they settle with some defendants and proceed to trial against others? In Pennsylvania, a plaintiff may settle with fewer than all defendants pursuant to Pennsylvania Rule of Civil Procedure 229….
What Does “Service” Mean in PA State Court?
Servicing Papers in PA State Court Civil Cases You might wonder: why is service of legal papers so important in Pennsylvania? And, what constitutes “good service” in PA state court cases? The answers depends on whether we’re talking about serving the lawsuit, itself, or subsequent papers in the case. …
Appeal to Superior Court: Worth Doing in a Civil Case?
When a party is unhappy with a decision by a judge or jury in the Court of Common Pleas of Pennsylvania, the appellate process offers an important safeguard. In most civil cases, that safeguard is an automatic right of appeal to the Superior Court of Pennsylvania. However, it is critical…
When a Civil Action in PA is Too Late
The statute of limitations creates a hard deadline to file a formal action in Pennsylvania to recover money; the same goes for a statute of repose, as we’ll describe in this article. The application of these concepts can have harsh and arbitrary consequences. For example, if you were a pedestrian…
When Settlement Goes Wrong: Common Errors in PA Civil Cases
Work with Your Lawyer To Avoid Common Settlement Pitfalls Settlement is often viewed as the finish line of a civil case. In Pennsylvania, however, it is also one of the points at which mistakes are most likely to occur. Because a settlement is binding and meant to be final, errors…
Understanding a Default Judgment in PA
Have you received notice of an actual (or impending) default judgment against you in a civil case in the Court of Common Pleas in Pennsylvania? If so, contact a lawyer immediately, because every minute counts. In this article, we explore default judgments and how to open or strike one —…
Understanding Delay Damages in Pennsylvania
What are Delay Damages? Delay damages are an interest-based award to a plaintiff for the time lost in recovering damages in civil actions for money in Pennsylvania. They are designed to compensate the plaintiff for losses incurred due to the delay in receiving their money, from the defendant’s failure to…
