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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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May 11, 2017
Obtained summary judgment for a developer and general contractor in a construction defect case. ​The plaintiff, a homeowners association, sued multiple parties seeking $2.5 million in damages related to water infiltration due to the allegedly...
Dec 6, 2016
We successfully obtained summary judgment and final judgment in a construction defect matter. A condominium association brought multiple claims against a general contractor and developer. In turn, the contractor brought third-party claims against...
Sep 21, 2015
Obtained summary judgment and dismissal of all claims against our client, a prominent architectural and engineering firm. The case arose when the plaintiff, while on a sidewalk, was struck by a pipe that fell from 18 stories during the erection...
Feb 16, 2015
Obtained summary judgment dismissing a plaintiff's claims of professional negligence, breach of contract, unjust enrichment and fraud against an architect in the Superior Court of New Jersey.  In the complaint, the plaintiff homebuyer...
May 16, 2013
Without submitting COs, the plaintiff performed additional construction work and alleged that verbal authorization was given by the defendant engineer. He was not paid for the additional work and filed this breach of contract action. At trial, we...
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...

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Law Alerts July 1, 2017
The City of Philadelphia retained JPC Group, Inc. to demolish a property that had sustained fire damage so that the Fire Marshal could investigate the fire’s origin. During the demolition, the building collapsed outward, causing damage to the..., Case Law Alerts, 3rd Quarter, July 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Law Alerts June 27, 2017
Expert Testimony and Professional Negligence Claims Coming out of the Twelfth Judicial Circuit, the recent case of Armour, et. al. v. Karins, et. al., Case No.: 2010-CA-000046NC (2017), provides new insight into the use of expert..., The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a...
Law Alerts June 15, 2017
Governor Scott Signs HB 377 Closing the Loophole in the Statute of Repose   Florida's 2017 legislative session resulted in good news for contractors and insurers alike.  Thanks in large part to the lobbying efforts of the..., The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a specific...
Law Alerts June 1, 2017
Debunking Professional Negligence Liability of an Engineer in Training   A recent case out of Florida sheds new light on the potential liability for Engineers in Training ("EITs").  In the case of Sunset Beach Invs., LLC v...., The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a specific...
Law Alerts January 3, 2017
In August 2016, the New Jersey Supreme Court affirmed a 2015 Appellate Division decision that established that, pursuant to a plain meaning interpretation of the terms as defined in the Insurance Services Office, Inc.’s (ISO) 1986 standard CGL..., Case Law Alerts, 1st Quarter, January 2017. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
Law Alerts October 3, 2016
Recent court rulings have interpreted the Affidavit of Merit Statute as requiring that a plaintiff secure an affidavit from an expert with equivalent licensure and credentials of the professional defendant. In Meehan, the plaintiff sought help for..., Case Law Alerts, 4th Quarter, October 2016. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
Law Alerts July 19, 2016
As part of a renovation construction project, a new air conditioning system was installed at the Franklin Institute in Philadelphia. Due to errors that arose during the installation, the system was not ready for “start-up and testing” by..., Case Law Alerts, 3rd Quarter, July 2016 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Defense Digest Article June 1, 2016
By Gregory J. Kelley, Esq.* The False Information Need Not Be Expressly Misrepresented, and How Specific the Allegations Must Be Remains Subjective Key Points: A contractor’s claim against a design professional for additional..., Defense Digest, Vol. 22, No. 2, June 2016 Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Law Alerts April 1, 2016
The Appellate Division ruled that the developer and general contractor were liable for violations of the Consumer Fraud Act despite not violating a single, applicable building code. In knowingly building a garage that was insufficiently sized to fit..., Case Law Alerts, 2nd Quarter, April 1, 2016 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
Defense Digest Article March 1, 2016
By Michael A. Karaffa, Esq.* Key Points: Property owners and general contractors do not “retain control” over independent contractors by establishing detailed work specifications. Property owners’ and general..., Defense Digest, Vol 22, No. 1, March 2016 Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...

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May 9, 2017
Elizabeth B. Ferguson, Esq. has joined Marshall Dennehey Warner Coleman & Goggin as a shareholder in the firm’s Jacksonville office. A member of the Professional Liability Department, she defends clients against claims of liability, breach of contract, construction defect, design defect, delay...
April 6, 2015
Martin A. Schwartzberg has joined the firm's Melville office as a shareholder in the Professional Liability Department. As a member of Marshall Dennehey's Architectural, Engineering and Construction Defect Practice Group, Mr. Schwartzberg focuses his practice on the defense of design professionals...
Conference Apr 21, 2015
Joseph Lesinski will present at the NBI Construction Defect Litigation: From A to Z Conference in Pittsburgh on the topic, "Anatomy Of A Defect: What It Is And The Rules That Apply". He will also speak on " Litigation: Allegations,...
Seminar May 11, 2017
Given the fast pace of today’s business world and the ever-changing world of construction growth, understanding the current state of the law with respect to construction insurance coverages is paramount for those involved in the construction...

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

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