Architectural, Engineering & Construction Defect Litigation

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The Architectural, Engineering and Construction Defect Litigation Practice Group of Marshall Dennehey 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, New York and Connecticut. 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.

Sparano_Sunny
Sunny Marie Sparano, Chair
Osorio_John
John H. Osorio,
Additional contact
Ferguson_Elizabeth
Elizabeth B. Ferguson,
Additional contact

Pennsylvania Superior Court Further Strengthens Statute of Repose Construction Defense.

Pittsburgh
Architectural, Engineering & Construction Defect Litigation
The Superior Court of Pennsylvania recently affirmed the defendants’ motion for summary judgment dismissing the plaintiffs’ construction defect claims on the grounds that their action was not commenced within the 12-year time period set forth in 4 Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Florida District Court Rules Four-Year Statute of Limitations Governs Construction-Based Malpractice Claims Against Design Professionals

Tampa
Architectural, Engineering & Construction Defect Litigation
Florida Statute § 95.11 sets the statutes of limitations for numerous claims, but as it relates to construction-related professional negligence claims, there has been a dispute and uncertainty as to whether the two-year or four-year limitation pro Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Dismissal of Breach of Contract and Professional Malpractice Claims Achieved at Trial

Architectural, Engineering & Construction Defect Litigation

We achieved dismissal of a breach of contract and professional malpractice claim against a professional engineering firm that provided construction monitoring services for a lender. When the project went south (for a multitude of reasons unrelated to the engineer's services), the project developer, who had obtained an assignment of rights from the lender, sought to hold the engineer responsible for project cost overruns. After a seven-day bench trial and testimony from nine witnesses, the court dismissed the complaint in its entirety.

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Favorable Precedential Decision Obtained in High-Stakes Construction Defect Case

Appellate Advocacy & Post-Trial Practice
Architectural, Engineering & Construction Defect Litigation

We prevailed in a unanimous, precedential decision in the Superior Court of Pennsylvania, which reconciled conflicting case law in the state. The plaintiffs were joined by 55 amici, and our client was joined by numerous construction organizations as amici. The court eventually applied Pennsylvania’s statute of repose to bar construction defect claims brought by homeowners.

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Summary Judgment Secured Against Leading Construction Defect Law Firm

Architectural, Engineering & Construction Defect Litigation

We obtained a summary judgment on behalf of our architectural client against one of the top construction/design defect law firms in New Jersey. After three separate argument appearances, the court granted summary judgment, holding that the plaintiff’s expert’s report failed to substantively establish a deviation from the architectural standard of care.

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Summary Judgment Granted in Highly Contested Construction Defect Case

Architectural, Engineering & Construction Defect Litigation

We were granted summary judgment in a $1.3 million construction defect subrogation case involving allegedly improperly sealed roof openings. The subcontractor contested its liability on the theory that our client chose the sealing method, and that the contract itself was deficient. Our motion, that was eventually granted, successfully argued that the contract language met the standard set in Pennsylvania’s Perry-Ruzzi rule.

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Defense prevails in construction defect case.

Architectural, Engineering & Construction Defect Litigation

We obtained summary judgment on a construction defect claim in Susquehanna County, Pennsylvania. The court dismissed the plaintiffs’ claims against the defendant, a homebuilder, in their entirety for the plaintiffs’ failure to adequately prove breach of contract, breach of express and implied warranties, fraud in the inducement, wrongful conversion and various alleged violations of the Pennsylvania Unfair Trade Practices Act.

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