Design Professionals & Construction Practice

This department of the firm has been actively engaged in all aspects of design and construction law for over twenty-five years, representing a broad range of clients including:

  • architects and engineers
  • surveyors
  • general contractors
  • subcontractors
  • owners and developers
    • For the purposes of our website, we have given separate pages to Medical Liability (which also includes dental, pharmaceutical and device litigation) and Professional Liability (which includes Accountants, Attorneys, and Brokers).

    We have initiated and defended construction-related trials and appeals in the federal and state courts, as well as in various private arbitration and mediation venues.

    Particularly effective use has been made of alternative dispute resolution (ADR), especially in high exposure claims. Many of the insurance companies insuring our clients are particularly supportive of mediation as a means of resolving disputes. We respect our clients' concerns regarding the high cost of litigation and all effort is made to dispose of suits as quickly as is prudently possible. We have found that many litigants who bring claims against design professionals do not understand the role that contracts play in defining the responsibilities of those professionals. We take the time to completely outline those parameters to opposing counsel and as a result we have been successful in getting some litigation dismissed at very early stages. For professional technical assistance, we rely only on outside experts who are practicing design professionals. If a case cannot be settled prior to trial, our clients can rest assured that they will be represented in the proceedings by attorneys with a proven track record of defense verdicts.

    Our tradition of excellence is reflected in the following significant litigation achievements:
  • the adoption in Pennsylvania of the important limitation placed on design professionals for liability arising out of job-site injuries in Young v. Eastern Engineering, 554 A.2d 77 (Pa.Super. 1989)
  • successful complete defense of an architectural firm in $38 million delay claim by contractor arising out of the construction of a major urban office tower, retail and hotel complex
  • defense verdict in civil trial for $2.5 million personal injury claim against an architect arising out of an allegedly improper design of supermarket loading dock
    • Believing in deterrence as the best defense, we protect our clients’ interests by assisting them in daily business activities. Examples of our non-litigation services include:
  • reviewing contracts prior to execution
  • language coordination in contract documentation to avoid embarrassing inconsistencies with respect to scope of work issues
  • rendering contract interpretation opinions
  • involvement in negotiations during the life of a project
  • assistance in immediate post-accident job site
  • investigations
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    We work closely with our business and commercial, employee benefits, estate planning and labor relations and employment law groups to provide the busy design and construction professionals with a complete range of requisite services for all of your professional and personal needs.

    Attorneys in Practice Area

    John P. Hartley
    Elizabeth McKenna