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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.


Feb 23, 2009
Attorneys obtained summary final judgment in an action by a contractor against our client, a window manufacturer, based on the Economic Loss Rule. Plaintiff, a homebuilder, was not in privity of contract with the manufacture, but rather a...
Jun 26, 2008
Attorney obtained a no cause following a nine day jury trial on behalf of an engineering firm. Plaintiff, an over 55 adult community, brought an action against defendant concerning the design of the wastewater treatment system. Plaintiff claimed...
Jun 10, 2008
Attorney obtained a motion for involuntary dismissal at the conclusion of plaintiff's case for extensive property damage to a hospital's basement level which included offices, equipment and medical records. Plaintiff alleged that defendant site...
Apr 17, 2008
Attorneys obtained dismissal on behalf of an engineering firm who was the design engineer for the renovation of a rest area on an expressway. Plaintiff, a cement truck operator, claimed he was injured when his truck rolled over at the job-site...
Apr 17, 2008
Attorney obtained two summary final judgments in one case, on behalf of a well known architectural firm. The first summary final judgment, based upon the economic loss rule, was obtained against the owner on its claims against the architect for...
Feb 6, 2008
Attorney obtained dismissal of a professional malpractice claim against our defendant engineering firm. Defendant was joined as an additional defendant by the school district in a lawsuit between multiple contractors regarding the installation of...



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
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
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
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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