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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 July 1, 2010
The architect/defendant designed a parking garage. A collapse occurred during construction, resulting in death and injury. The architect's professional liability insurance applied and was exhausted. It then sought coverage from its general liability..., Case Law Alert - 3rd Qtr 2010
Law Alerts July 1, 2010
The court in the above action reviewed and applied Florida, Alabama and Louisiana law regarding the economic loss rule. As it pertains to Florida, relying upon Indemnity Insurance Co. of North America v. American Aviation, Inc., 891 So.2d 532 (Fla...., Case Law Alert - 3rd Qtr 2010
Law Alerts July 1, 2010
The owner of a mobile home park alleged Township officials vexatiously acted to prevent him from expanding and further developing the park in violation of his constitutional right to use and develop his property. The owner also alleged that the..., Case Law Alert - 3rd Qtr 2010
Law Alerts July 1, 2010
In this case, Florida's Third District Court of Appeal, relying on Moransais v. Healthman, 744 So.2d 973 (Fla. 1999), explained that an extra-contractual remedy against a negligent professional is necessary because contractual remedies may be..., Case Law Alert - 3rd Qtr 2010
Law Alerts July 1, 2010
The Supreme Court of Florida found that the economic loss rule does not preclude an action by fishermen against polluters who damaged the fishing industry in Tampa Bay. Further, the Court found that the polluters owed a special duty of care to the..., Case Law Alert - 3rd Qtr 2010
Law Alerts April 1, 2010
Florida has a notice and Right to Repair statute, F.S. 558, et seq, which was first promulgated in 2003. The Legislature enacted this statute to allow for the notification of potential construction defect claims prior to litigation. It also gave the..., Case Law Alert - 2nd Qtr 2010
Law Alerts April 1, 2010
The Massachusetts state court recently held that a plaintiff claiming design negligence for the placement of a fence post around a softball diamond could not defeat the defendant's, the architect, Motion for Summary Judgment. The court specifically..., Case Law Alert - 2nd Qtr 2010
Defense Digest Article March 1, 2010
New Jersey -- Indemnification & Contribution , Key Points: Supreme Court's ruling underscores importance that parties avoid piecemeal litigation. Keep an eye on potential third party claims for contribution and indemnification. Failure to..., Defense Digest, Vol. 16, No. 1, March 2010
Law Alerts January 1, 2010
The decedent died in a work accident when he became trapped in a "dog box" in a power plant that was designed by the defendant. The plaintiff's complaint alleged negligence, breach of warranty, and strict products liability against the defendant, a..., Case Law Alert - 1st Qtr 2010
Law Alerts January 1, 2010
Once again eschewing rigid application of the New Jersey Affidavit of Merit Statute, NJSA 2A:26- to 29, the New Jersey Supreme Court issued a per curiam affirmation of the Appellate Division's decision in this case. Here, the plaintiffs were a..., Case Law Alert - 1st Qtr 2010

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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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