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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 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
Law Alerts April 1, 2011
On January 1, 2011, California SD 972 became effective. The law reduces a design professional's liability when entering into contracts with public agencies. Under the previous law, construction design professionals were under a "duty to..., Case Law Alert - 2nd Qtr 2011
Law Alerts April 1, 2011
On Monday, November 15, 2010, the New Jersey Supreme Court issued its decision in this controversial case. The issue in Dean was whether the economic loss doctrine, a judicial construct which bars recovery in tort for damage a product causes only to..., 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
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 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

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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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