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Gregory J. Kelley

Shareholder
620 Freedom Business Center
Suite 300
King of Prussia, PA 19406
(610) 354-8273
(610) 354-8299 - Fax
gjkelley@mdwcg.com

Gregory concentrates the majority of his practice defending matters regarding architects and engineers, construction defect litigation and construction accidents. As well, he maintains a smaller portion of his practice in the defense of product liability claims. He splits his time between our King of Prussia, Pennsylvania, and Mount Laurel, New Jersey, offices.

Formerly a litigation specialist for a large casualty insurer in Pennsylvania and Delaware, Gregory was responsible for and developed experience in the evaluation, negotiation and defense strategy for catastrophic personal injury and property damage claims. He also served as an instructor for in-house claims professional seminars on topics of Case Evaluation & Negotiation and Insurance Coverage.

Prior to joining Marshall Dennehey Warner Coleman & Goggin in 2004, Gregory was with a defense firm where his practice involved defending personal injury and property damage matters, focusing on architect and engineer professional liability and construction claims, products, general, premises liability claims and insurance coverage matters.

In 1982, Gregory graduated from Villanova University with a Bachelor of Science degree. While working as an insurance claims professional, he earned his juris doctor from Widener University School of Law in 1992 and is admitted to practice in Pennsylvania and New Jersey.

Significant Representative Matters

  • Mediated a favorable settlement of less than $1M for an Architectural firm in a high rise to condominium conversion project wherein the Owner claimed damages in excess of $4.5M for delays and cost increases caused by Architect errors & omissions and negligent construction administration.  The result was obtained at mediation in part due to use of document management and search technology through which it was argued that the results showed that Owner had intentionally withheld or destroyed some pertinent documents that were likely favorable to Architect and went against Owner's credibility.

  • Mediated a favorable settlement for a large Architectural firm that involved construction of an addition to a county prison. The County claimed $4.6M in damages for delays and cost increases, mostly due to negligent construction administration. The Architectural firm had formed a joint venture. Negotiations resulted in a $2M settlement, to which our client only contributed $300K as we were able to show that the substantial majority of the damages claimed pertained to the scope of activities performed by the joint venture partner.

  • Successfully obtained summary judgment dismissal of an architect on the Statute of Repose in a deck collapse/personal injury action where the settlement demand was $2.5 million.

  • Mediated a favorable settlement for an engineering firm in litigation that involved construction defect and delay claims in multiple projects for a chain store owner. Owner's demand against the contractor and three design professionals was $10, million. After two days of mediation, the case settled for an amount well in excess of $2 million, but our client contributed only $170,000.

  • Mediated a favorable settlement for an architect in a design error/construction delay/abandonment claim wherein a $1.3 million claim was resolved for $400,000 without litigation and without discovery expenses being incurred.

  • Obtained a voluntary dismissal of an engineer in a catastrophic personal injury (quadriplegia) construction accident litigation in Philadelphia which has an exposure in excess of $15 million.

  • Obtained dismissal of a township engineer in a double fatality construction accident litigation wherein two workers died while installing new sewer lines in a residential development. Township engineer was joined on theory that it was responsible for design and oversight of construction of the excavated areas occupied by the workers when they were asphyxiated.

Classes/Seminars Taught

  • Liability Concerns for Architects, Engineers and Construction Professionals: Pennsylvania Architects, Engineering & Construction Defect Issues, Marshall Dennehey Client Seminar, July 2015

Published Works

  • “Stating a Claim for Negligent Misrepresentation for a Design Professional’s Supply of Information,” Defense Digest, Vol. 22, No. 2. June 2016

  • Case Law Alerts, Regular Contributor, 2010-present

  • “The Federal Courts Require Complaints To State A Factually 'Plausible' Claim, And Factually 'Conceivable' (Speculative) Claims May Be Dismissed In The Pleadings Stage,” Defense Digest, Vol. 14, No. 1, March 2008

  • “New Jersey: Parental Immunity For 'Negligent' Failure To Supervise Claim Calls For Case-By-Case Analysis Of Defense Strategy, Liability Evaluation And Coverage Determinations,” Defense Digest, Vol. 12, No. 1, March 2006

Education

  • Widener University School of Law, Wilmington, DE (J.D., 1992)

  • Villanova University, Villanova, PA (B.S., 1982)

    Major: Business Administration

Certification

  • OSHA 10-Hour Construction Certification

Pages

Defense Digest Article June 1, 2016
By Gregory J. Kelley, Esq.* The False Information Need Not Be Expressly Misrepresented, and How Specific the Allegations Must Be Remains Subjective Key Points: A contractor’s claim against a design professional for additional..., Defense Digest, Vol. 22, No. 2, June 2016 Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Law Alerts July 6, 2015
Pennsylvania Rule of Civil Procedure 1042.1 et seq., the “Professional Liability Actions” Chapter of Rules, adopted in 2004, provides for the filing of a Certificate of Merit in support of a professional liability claim. Amendments in..., Case Law Alerts, 3rd Quarter, July 2015 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Law Alerts January 11, 2013
The contractor sued the owner school district for delay claims, and the owner joined the architect. The owner settled with the contractor and assigned its rights against the architect to the contractor. The contractor continued action against the..., Case Law Alert, 1st Quarter 2013
Law Alerts July 1, 2012
The subcontractor (SC) gave a bid to a general contractor (GC) for a municipal authority project. GC included SC's bid within its own, and the authority awarded the contract to GC. However, GC did not hire SC to perform the work on which SC had..., Case Law Alert, 3rd Qtr 2012, July
Law Alerts January 1, 2012
A developer transferred ownership of a condominium association (“CA”) while construction continued. Construction activities caused a fire and damages to the CA, which its insurer paid. The insurer filed a subrogation claim against the..., Case Law Alert, 1st Qtr 2012
Law Alerts January 1, 2012
An architectural firm entered into an oral contract for services to help determine the feasibility of a project. The architectural firm entered into a second oral contract for behind-the-scenes assistance to the owner for planning and zoning. The..., Case Law Alert, 1st Qtr 2012
Law Alerts July 1, 2011
The owner sued the architect for negligent design and oversight on a project. The architect brought the contractor into the case on a third party claim, alleging the "construction defects" were due to the contractor's negligence. Experts for the..., Case Law Alert - 3rd Qtr 2011
Law Alerts July 1, 2011
The Pennsylvania State Registration Board for Professional Engineers, Land Surveyors, and Geologists ordered this professional to pay a civil penalty for "practicing geology" pursuant to §4(e) (63 P.S. §151(e)) of the..., Case Law Alert - 3rd Qtr 2011
Law Alerts January 1, 2011
The owner/developer of a property had a contract to build a new Family Courthouse in Philadelphia. The owner paid the architect for its original plans. After governmental review, revisions were made, and a revised set of plans were prepared. The..., Case Law Alert - 1st Qtr 2011
Law Alerts July 1, 2010
The architect/defendant designed a parking garage. A collapse occurred during construction, resulting in death and injury. The architect's professional liability insurance applied and was exhausted. It then sought coverage from its general liability..., Case Law Alert - 3rd Qtr 2010

Pages

Education

  • Widener University School of Law (J.D., 1992)
  • Villanova University (B.S., 1982)

Bar Admissions

  • New Jersey, 1993
  • Pennsylvania, 1993
  • U.S. District Court Eastern District of Pennsylvania, 1993
  • U.S. District Court of New Jersey, 1993
  • U.S. Court of Appeals 3rd Circuit, 2000
  • U.S. District Court Middle District of Pennsylvania, 2000

Associations & Memberships

  • Pennsylvania Bar Association
  • Philadelphia Bar Association

Honors & Awards

  • BV® Distinguished™ by LexisNexis Martindale-Hubbell

Year Joined Organization: 2004

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