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Representation of general contractor in arbitration prosecuting client’s claims for final payment and defending against owner’s claims of defective workmanship. Project at issue was a truck maintenance facility, and primary deficiency alleged by owner involved sinking conditions of access roadways and parking lot under weight of trucks. Contractor’s defense was it had built according to design furnished by owner’s design professionals. After six days of hearing, panel denied owner’s claim and awarded contractor payment in full, plus interest.

Led defense team for Design Engineer defending against $43 million indemnity claim by public agency for settlements it made on 15-year infrastructure project, resulting in resolution after mediation and including contributions from third-party subconsultants.

Representation of Construction Manager in arbitration by subcontractor on new hospital project alleging multiple claims for extra costs arising from alleged delays, scope changes and design deficiencies, including use and implementation of Building Information Modeling (BIM), and in separate arbitration by another subcontractor on that project. Reached settlements in each matter with two separate mediations spanning seven days.

Representation of construction manager in dispute over sufficiency of performance of exterior wall panel subcontractor on two projects. After 25 days of hearing, arbitration panel found against subcontractor on its seven million dollar claim, and awarded construction manager $1.58 million on its counterclaim. Representation also involved proceedings in state court in Alabama and federal court in Philadelphia on arbitrabilty issues, as well as proceedings to defeat subcontractor’s motion to vacate arbitration award, and successful confirmation of arbitration award in its entirety.

Since 2001 has prepared course materials for and spoken about current developments for the Pennsylvania Bar Institute’s biennial continuing legal education program on Mechanics liens, presented in Pittsburgh, Mechanicsburg and Philadelphia; Since 2012 has also served as Course Planner for that program2001 through 2012

Representation of various contractors’ associations as Intervenors in proceedings commenced by the State Building Trades Council of the Pennsylvania AFL-CIO. Successfully challenging modifications by Secretary of Labor of mechanism for determining prevailing wages under Pennsylvania Prevailing Wage Law. Proceedings included two en banc hearings before the Commonwealth Court, and nine days of hearings before the Pennsylvania Prevailing Wage Appeals Board and a hearing officer for that Board.

Defense of various actions involving property damage, personal injury and wrongful death where client is either uninsured or where claims are below a self-insured retention of the client.

Representation of contractors’ association challenging use by SEPTA of design/build procurement in manner which would violate Pennsylvania’s public contracting requirements concerning issuance of multi-prime contracts. Obtained ruling from and en banc panel of the Commonwealth Court ruling that design build was in violation of those requirements, and requiring SEPTA to seek bids for multi-prime contracts.

Representation of Design Engineer on redecking project of a major suspension bridge in wrongful death action by construction worker. Obtained summary judgment dismissing engineer from case.

Representation of contractors’ association in obtaining declaratory judgment from Pennsylvania Commonwealth Court, sitting en banc, that Pennsylvania’s Education Empowerment Act does not allow Secretary of Education to waive the requirements of Pennsylvania statutory requirements of multiple prime contracts for public construction work.