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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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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...
Oct 17, 2011
Attorney successfully argued a motion for summary judgment in favor of our client, an architectural firm. Plaintiff alleged that our client's breach of the standard of care led to plaintiff's tripping and falling on a ramp at a construction site....
Aug 18, 2011
Attorney obtained summary judgment on behalf of a civil engineer in a claim involving flooded residential properties for which the builder claimed the site of storm water management plans were defective. The attorney demonstrated that the builder's...
Aug 18, 2011
Attorney obtained summary judgment on behalf of an architect in a claim involving a restaurant employee who sustained serious burns in an accident involving kitchen equipment. The attorney demonstrated that the architect's scope of services for the...
Jan 12, 2011
Attorney obtained summary judgment on behalf of the architect for an airport construction project.  The summary judgment was on two counts of a three count action alleging design errors.  Dismissal was subsequently obtained as to the third count,...
Jul 19, 2010
Attorney obtained summary judgment on behalf of a structural engineering firm that had prepared plans and specifications on a large condominium project. The complaint alleged multiple defects, primarily related to the roof, windows and building...
May 17, 2010
Attorney obtained a dismissal on the pleadings of plaintiff's Complaint wherein it was alleged that plaintiff suffered damages arising from the construction of a barn, by plaintiff's neighbor, on a farm downhill and across the street from plaintiff'...
Oct 26, 2009
Attorney obtained a dismissal of a wrongful death action filed against an engineering firm performing construction engineering inspections on an Interstate roadway project for a state’s Department of Transportation. Citing the state’s statutory law...

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Law Alerts April 1, 2019
Heron’s Landing Condominium Association filed a complaint against D.R. Horton, Inc.-Jacksonville, the developer and general contractor of the project. The project consisted of 240 residential units in 20 buildings. The Association alleged D.R..., Case Law Alerts, 2nd Quarter, April 2019 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 January 7, 2019
Florida’s 1st DCA Deals Major Blow to Defendants in Construction Defect Cases In June 2013, Heron’s Landing Condominium Association filed a complaint against D.R. Horton, Inc., Jacksonville, the developer and general contractor of the..., 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 January 1, 2019
Keystone Airpark Authority brought an action for breach of contract and negligence against Passero Associates LLC, the engineering firm tasked with the responsibility to provide “part-time resident engineering services and inspection, [and]..., Case Law Alerts, 1st Quarter, January 2019 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 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
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...
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...
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
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...

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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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