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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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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...

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Law Alerts January 1, 2012
The Appellate Division reversed a trial court’s decision to not impose personal liability on the owner of a residential construction company under the Consumer Fraud Act. In imposing personal liability, the court found that the owner..., Case Law Alert, 1st Qtr 2012
Law Alerts January 1, 2012
The New Jersey Supreme Court further clarified when an individual owner or employee of a company may be liable under the Consumer Fraud Act (“CFA”). In Allen, the Court first held that it was “clear” that an individual who..., Case Law Alert, 1st Qtr 2012
Law Alerts January 1, 2012
A developer transferred ownership of a condominium association (“CA”) while construction continued. Construction activities caused a fire and damages to the CA, which its insurer paid. The insurer filed a subrogation claim against the..., Case Law Alert, 1st Qtr 2012
Law Alerts January 1, 2012
The court dismissed a homeowner's suit after the homeowner initially filed a warranty claim. While the homeowner never proceeded to the available arbitration process under the New Jersey New Home Warranty and Builders’ Registration Act,..., Case Law Alert, 1st Qtr 2012
Law Alerts January 1, 2012
An architectural firm entered into an oral contract for services to help determine the feasibility of a project. The architectural firm entered into a second oral contract for behind-the-scenes assistance to the owner for planning and zoning. The..., Case Law Alert, 1st Qtr 2012
Articles December 1, 2011
Construction Today, December 2011
Defense Digest Article September 1, 2011
Florida - Construction Litigation , Key Points: Statutes of repose, unlike statutes of limitations, impose even more stringent and concrete time limitations for a claimant to bring a cause of action against the defendant. A claimant's right to bring a cause of action..., Defense Digest, Vol. 17, No. 3, September 2011
Law Alerts July 1, 2011
The Pennsylvania State Registration Board for Professional Engineers, Land Surveyors, and Geologists ordered this professional to pay a civil penalty for "practicing geology" pursuant to §4(e) (63 P.S. §151(e)) of the..., Case Law Alert - 3rd Qtr 2011
Law Alerts July 1, 2011
Bids were accepted, and a contract was awarded for improvements to a solid waste facility. Subsequent to the signing of the contract, the second-lowest bidder, Cetco, challenged the awarding of the contract, claiming that certifications of..., Case Law Alert - 3rd Qtr 2011
Law Alerts July 1, 2011
The plaintiff condominium association sued the defendant subcontractors, alleging their work on the condominium project was defective and asserting claims of negligence, strict liability and willful and wanton disregard for human safety. The trial..., Case Law Alert - 3rd Qtr 2011

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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

Related Practice Areas

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