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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.


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...



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 October 1, 2012
On July 5, 2012, Pennsylvania Governor Tom Corbett approved the modernization of the procurement of infrastructure projects in Pennsylvania. The Governor signed legislation that authorizes public-private partnerships (P3) for road, transit and other..., Case Law Alert - 4th Qtr 2012
Law Alerts October 1, 2012
New Jersey's statute of repose essentially provides that no action may be brought to recover damages for any deficiency in the "design, planning, surveying, supervision or construction" of a project "more than 10 years after the..., Case Law Alert - 4th Qtr 2012
Defense Digest Article September 1, 2012
Key Points: The Middle District of Florida applied the injury-in-fact trigger of coverage theory to find that the occurrence of actual damage triggered coverage pursuant to a CGL policy. The Middle District of Florida declined to adopt..., Defense Digest, Vol. 18, No. 3, September 2012
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 April 1, 2012
In this residential construction breach of contract case, Shoreline Electrical Contractors, Inc. (“Shoreline”) claimed to have completed all of its scope of work except for the installation of two electrical outlets. Shoreline claimed..., Case Law Alert - 2nd Qtr 2012
Law Alerts April 1, 2012
In this construction defect case, the court dismissed claims of negligent misrepresentation, fraud and misrepresentation, interference with existing contracts and common law conspiracy against the defendant design engineer. The plaintiff general..., Case Law Alert - 2nd Qtr 2012
Law Alerts April 1, 2012
In yet another decision addressing the scope of personal liability under the New Jersey Consumer Fraud Act (“CFA”), the Superior Court of New Jersey, Appellate Division, reversed a trial court’s decision to not impose personal..., Case Law Alert - 2nd Qtr 2012
Law Alerts April 1, 2012
In a recent unreported decision from the Superior Court of New Jersey, Appellate Division, the court upheld the trial judge’s finding that the breach of contract claims of both the homeowner and the contractor should be dismissed, as should..., Case Law Alert - 2nd Qtr 2012



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

Additional Contacts

Michael J. DeCandio
Senior Counsel
(904) 358-4203

Related Practice Areas

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