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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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Dec 31, 2018
We obtained summary judgment in a construction defect case that was argued before the U.S. District Court for the District of Maryland. The case involved a claim that our client, the general contractor for an addition to a hospital, had committed...
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:...

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Law Alerts April 1, 2011
In a Per Curiam decision, which was not approved for publication, the Superior Court of New Jersey Appellate Division recently reversed a trial court's order dismissing several Consumer Fraud Act (“CFA”) claims against the developer..., Case Law Alert - 2nd Qtr 2011
Defense Digest Article March 1, 2011
Florida - Construction , Key Points: Does a general contractor need more then just a building license? Potential liability issues or exposure for a GC actually doing work on a job site without the appropriate license..., Defense Digest, Vol. 17, No. 1, March 2011
Law Alerts January 1, 2011
In this construction contract dispute, the court awarded prejudgment interest, but not attorneys fees, to a roofing contractor under the Delaware Construction Prompt Payment Act, 6 Del. C. § 3506 where the owner failed to give specific notice within..., Case Law Alert - 1st Qtr 2011
Law Alerts January 1, 2011
This case dealt with a dispute when a homeowner stopped making payments to the contractor who was constructing a first-floor extension and second-floor addition. The contractor filed suit, and the homeowner counter-claimed for costs to repair the..., Case Law Alert - 1st 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 January 1, 2011
This case dealt with personal liability of a home improvement contractor under the Consumer Fraud Act (“CFA”). In this case, the trial court dismissed the individual defendants and only imposed liability upon the corporate entity for the CFA..., Case Law Alert - 1st Qtr 2011
Law Alerts January 1, 2011
This case addresses “Pay-if-Paid” clauses. Such clauses are sometimes included in subcontracts and state that a general contractor has no duty to pay a subcontractor until the general contractor has been paid by the owner for the work performed by..., Case Law Alert - 1st Qtr 2011
Law Alerts January 1, 2011
In this case, the homeowner was alleging a breach of contract for the repair and remodeling of a home. The homeowner’s arbitration demand named both the contracting company as well as its owner individually. The owner never objected to his personal..., Case Law Alert - 1st Qtr 2011
Law Alerts July 1, 2010
The court in the above action reviewed and applied Florida, Alabama and Louisiana law regarding the economic loss rule. As it pertains to Florida, relying upon Indemnity Insurance Co. of North America v. American Aviation, Inc., 891 So.2d 532 (Fla...., Case Law Alert - 3rd Qtr 2010
Law Alerts July 1, 2010
The owner of a mobile home park alleged Township officials vexatiously acted to prevent him from expanding and further developing the park in violation of his constitutional right to use and develop his property. The owner also alleged that the..., Case Law Alert - 3rd Qtr 2010

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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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