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Architectural, Engineering and Construction Defect Litigation

The Architectural, Engineering and Construction Defect Litigation Practice Group of Marshall Dennehey Warner Coleman & Goggin clearly understands the relationship between construction professionals and their respective responsibilities. Our practice group has a considerable number of years of experience in defending construction industry cases. The practice includes representation of owners, developers, general contractors, construction managers, subcontractors and design professionals. This group quickly develops an understanding of the project and contract documents in order to identify key issues early, then proceeds to develop those issues into sound defense strategies. Our practice group's litigation experience includes initial negotiations, construction claims, arbitration proceedings and jury trials involving all phases of construction litigation.
 
Our defense approach is aimed at the early identification of key issues and is predicated on developing the earliest possible defense strategies tailored to the individual case and client. The application of this strategy is carried out by a team approach consisting of experienced partners, associates and paralegals capable of handling the basic, as well as the highly sophisticated and complex, construction litigation matters.
 
The Architectural, Engineering and Construction Defect Litigation Practice Group of Marshall Dennehey consists of a diverse group of professionals with considerable experience handling matters throughout Pennsylvania, New Jersey, Delaware, Ohio, West Virginia, Florida and New York. The group prides itself on its multi-jurisdictional range of experience and substantial number of cases handled.
 
We look forward to your inquiries and remain at your disposal for presentations or seminars which your company may desire.

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Aug 24, 2018
The defense filed a motion for partial discontinuance that was granted, dismissing all claims against our client in a complex, construction defect matter. The plaintiff, a homeowners’ association, filed suit against a number of defendants...
Aug 30, 2017
Obtained a defense verdict in a construction defect case after an eight-week jury trial. This was a construction defect/defective design claim brought by a retired CEO of a major automobile manufacturer who had purchased a home on Sarasota Bay for...
May 11, 2017
Obtained summary judgment for a developer and general contractor in a construction defect case. ​The plaintiff, a homeowners association, sued multiple parties seeking $2.5 million in damages related to water infiltration due to the allegedly...
Dec 6, 2016
We successfully obtained summary judgment and final judgment in a construction defect matter. A condominium association brought multiple claims against a general contractor and developer. In turn, the contractor brought third-party claims against...
Sep 21, 2015
Obtained summary judgment and dismissal of all claims against our client, a prominent architectural and engineering firm. The case arose when the plaintiff, while on a sidewalk, was struck by a pipe that fell from 18 stories during the erection...
Feb 16, 2015
Obtained summary judgment dismissing a plaintiff's claims of professional negligence, breach of contract, unjust enrichment and fraud against an architect in the Superior Court of New Jersey.  In the complaint, the plaintiff homebuyer...
May 16, 2013
Without submitting COs, the plaintiff performed additional construction work and alleged that verbal authorization was given by the defendant engineer. He was not paid for the additional work and filed this breach of contract action. At trial, we...
Sep 1, 2012
We successfully defended an architect and his firm against allegations of professional negligence claimed by the plaintiff - a developer/owner of a $7 million commercial project our client helped design. The plaintiff was initially seeking damages...
Feb 1, 2012
After extensive briefing and argument, we successfully obtained dismissal of a professional negligence case against an architectural/engineering firm. The plaintiff failed to serve an Affidavit of Merit, and we moved to dismiss under N.J.S.A. 2A:53:...
Jan 2, 2012
We successfully obtained a no cause from the jury in a very complex medical malpractice/wrongful death/construction/engineering malpractice case tried for 45 days. Plaintiff's demand had been $20 million. The theory of the case was that our...

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Law Alerts October 2, 2018
A Chapter 558 Notice Now Stops the Clock on the Statute of Repose A new case out of the Fourth District Court of Appeals for Florida, Gindel v. Centax Home, Case No. 4D17-2149 (Sept. 12, 2018), seeks to clarify the timing to commence an action..., The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a specific...
Law Alerts October 1, 2018
The Pennsylvania Supreme Court determined that a non-Pennsylvania resident can assert a lawsuit under the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL) against a business that is headquartered in Pennsylvania for conduct..., Case Law Alerts, 4th Quarter, October 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
Law Alerts April 1, 2018
Private engineering firms hired to perform a traditional government function of code enforcement for a township are protected from negligence claims by the affirmative defense of governmental immunity under § 8541, et seq. of the Tort Claims..., Case Law Alerts, 2nd Quarter, April 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Law Alerts April 1, 2018
The trial court held that § 725.06, Florida Statutes, did not apply to a contract between an excavation subcontractor and a general contractor for work involving excavation to access pre-existing utility lines. Section 725.06 provides..., Case Law Alerts, 2nd Quarter, April 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Defense Digest Article March 1, 2018
Defense Digest, Vol. 24, No. 1, March 2018 By Elizabeth B. Ferguson, Esq.* Key Points: The Florida Supreme Court has ruled the Chapter 558 process is a “suit” under a CGL policy. The 558 process is considered a “..., Defense Digest, Vol. 24, No. 1, March 2018. 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...
Defense Digest Article March 1, 2018
Defense Digest, Vol. 24, No. 1, March 2018 By Lila T. Wynne, Esq.* Key Points: New Jersey Appellate Division addresses appropriate trigger for coverage for progressive construction defect lawsuits. Court applies continuous trigger..., Defense Digest, Vol. 24, No. 1, March 2018. 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...
Law Alerts January 19, 2018
The “last-pull” of the continuous trigger for purposes of determining an “occurrence” happens when the “essential nature and scope of the property damage first becomes known, or when one would have sufficient reason to..., Case Law Alerts, 1st Quarter, January 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
Law Alerts January 19, 2018
Brought up on appeal to the Florida Supreme Court was the issue of whether a pre-suit Chapter 558 Notice in a construction defect matter qualifies as a "suit" under the CGL policy. Under the applicable policy, a "suit" would..., Case Law Alerts, 1st Quarter, January 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
Law Alerts December 14, 2017
Florida Supreme Court Rules Ch. 558 Is a "Suit" On December 14, 2017, the Florida Supreme Court issued its long-awaited opinion in the case of Altman Contractors, Inc. v. Crum & Forster Specialty Insurance Company, Case No.: SC16-1420..., The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a specific...

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May 9, 2017
Elizabeth B. Ferguson, Esq. has joined Marshall Dennehey Warner Coleman & Goggin as a shareholder in the firm’s Jacksonville office. A member of the Professional Liability Department, she defends clients against claims of liability, breach of contract, construction defect, design defect, delay...
April 6, 2015
Martin A. Schwartzberg has joined the firm's Melville office as a shareholder in the Professional Liability Department. As a member of Marshall Dennehey's Architectural, Engineering and Construction Defect Practice Group, Mr. Schwartzberg focuses his practice on the defense of design professionals...
Conference Apr 21, 2015
Joseph Lesinski will present at the NBI Construction Defect Litigation: From A to Z Conference in Pittsburgh on the topic, "Anatomy Of A Defect: What It Is And The Rules That Apply". He will also speak on " Litigation: Allegations,...
Seminar May 11, 2017
Given the fast pace of today’s business world and the ever-changing world of construction growth, understanding the current state of the law with respect to construction insurance coverages is paramount for those involved in the construction...
Seminar Oct 12, 2017
This webinar will cover key case law and statutory developments from coast to coast. It will cover recent legal developments and emerging trends in construction claims and related insurance coverage issues. This webinar is geared toward...
Seminar Apr 12, 2018
Elizabeth Ferguson, Shareholder in our Jacksonville office, will be presenting on the topic "Insurance and Construction Litigation in Florida" at Contractor's University-  a new concept in the delivery of practical advice on...

Chair

John H. Osorio
Chair, Architectural, Engineering and Construction Defect Litigation Practice Group
(856) 414-6007
jhosorio@mdwcg.com

Additional Contacts

Michael J. DeCandio
Senior Counsel
(904) 358-4203
mjdecandio@mdwcg.com

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