Gaetano P. Piccirilli

Gaetano is a counselor and resource to clients in the infrastructure, construction, real estate and transportation industries. He has a reputation as an aggressive advocate with a thoughtful and responsive approach to representing clients in the state and federal courts of Pennsylvania, New York, and New Jersey. This approach has provided Gaetano the fortune of working with clients for many years on various projects, learning their business and working proactively to protect their interests. Gaetano is experienced in the courtroom with first chair experience in jury and bench (non-jury) trials. He also is experienced in mediation and arbitration.

Relevant experience includes:

• Defended the owner and developer of a historic landmark in a $17 million construction claim brought by a general contractor in connection with the transition of the building into a luxury mixed-use apartment building. Not only achieved summary judgment that reduced the general contractor’s mechanics’ lien claim from approximately $7.5 million to less than a quarter of a million dollars, but separately achieved summary judgment as to the entirety of the general contractor’s delay and inefficiency claim.
• Defended a construction manager in emergency injunction proceedings related to the building of a 48-story mixed-use building in Center City Philadelphia. Alleging violations of a local noise ordinance, the neighboring property/co-op sought to substantially modify the construction manager’s means and methods, which had already been impacted due to COVID-19.
• Represented the owner and developer of a multi-family building in a dispute related to claims for construction defect and faulty workmanship against the general contractor. Obtained a favorable settlement at mediation that allowed the new building to be substantially repaired at no cost to the owner/developer.
• Represented the owner and operator of a hotel and convention center in litigation involving a terminated general contractor and various trade subcontractors for alleged improper termination, delay and inefficiency related to the renovation of 750 guest rooms.
• Represented construction manager in mechanics’ lien and mediation proceedings involving construction of a 63-story mixed-use building in New York, New York. The approximately $10 million in claims centered on an audit of project costs under a cost reimbursable with a guaranteed maximum price agreement.
• Represented the owner of waterfront land condemned by a public utility in a substantial eminent domain proceeding related to value. The matter was resolved after the jury was selected and empaneled but before opening statements.
• Defended a construction manager/general contractor in three adversary proceedings in the U.S. Bankruptcy Court (Eastern District of New York) brought by a debtor-subcontractor. Claims were in excess of $6 million and included claims by a major labor union, as well as claims for wrongful termination and cost impacts by the debtor-subcontractor (delay and inefficiency). Obtained a favorable settlement and injunction related to the relevant projects for the client.

Gaetano is active in the civic and non-profit realm. Presently, he is a board member of the Caring People Alliance, a large non-profit serving families and communities in Philadelphia. For several years, Gaetano was the Caring People Alliance’s chairperson. From 2016-2021, Gaetano was a member of Philadelphia’s Tax Review Board. Additionally, in 2019 he was reappointed as a member of the Pennsylvania State Real Estate Commission, the regulatory body responsible for the regulation, licensure and discipline of 50,000 real estate professionals in Pennsylvania. He previously served from 2008-2013. In 2013 and 2024, Gaetano served as Chairperson of the Commission.

Co-author, “Brick by Brick: Laying the Foundation for Strict Compliance in Construction Contracts,” November 8, 2024

Co-author, “New York’s First Department Clarifies Standing Requirements for General Contractor to Assert a Trust Fund Diversion Claim Against a Subcontractor Under the Lien Law,” November 6, 2024

Co-author, “Pennsylvania Supreme Court: Under Pennsylvania’s Bad Faith Statute, Are Suretyships and Insurance One and the Same?,” October 23, 2024

Presenter, “Construction Law 101: The Players, the Contract Documents and the Delivery Systems,” accredited CLE program, January 30, 2024

Panelist, “Construction Law Foundations,” ABA Forum on Construction Law 2023 Regional Meeting, November 2, 2023

Co-Author, “Terms of Arbitration Agreements May Not Preclude Award of Penalties and Attorneys’ Fees Under PA’s Contractor and Subcontractor Payment Act,” May 26, 2023

Author, “Considerations in Customizing the Proper ADR Process,” June 8, 2022

Presenter, “Construction Defects – Clarifying Claims and Investigations,” accredited CLE Program, February 2, 2022

Presenter, “Act 135 – A Primer for Real Estate Investors,” accredited CLE program, October 13, 2021

Presenter, “Construction Terminations: Breaking Up Isn’t Easy,” accredited CLE program, March 31, 2021

Author, “Philadelphia Relaxes Restrictions on Business Activity,” May 26, 2020

Author, “New Jersey Construction Projects Resume Subject to Restrictions,” May 20, 2020

Author, “COVID-19 Considerations for Act 135 Participants,” April 14, 2020

Author, “Pennsylvania Provides Civil Immunity for COVID-19 Healthcare Workers,” May 14, 2020

Author, “SCOTUS Declines to Take On PA Businesses’ Challenge to Gov. Wolf’s Shutdown Order,” May 7, 2020

Author, “Philadelphia Issues New Guidance for Essential Businesses,” May 6, 2020

Presenter, “What You Need to Know and Do Before Construction Resumes on May 1,” April 29, 2020

Author, “What the 1918 Flu Can Teach Us About COVID-19,” The Dispute Resolver, April 23, 2020

Author, “Governor Wolf Outlines Steps to Reopen Pennsylvania,” April 23, 2020

Author, “Pennsylvania To Ease Restrictions on Construction Projects,” April 20, 2020

Author, “Pennsylvania Orders Businesses to Implement Enhanced Safety Measures,” April 15, 2020

Author, “Governors Working Together to Remove COVID-19 Restrictions,” April 14, 2020

Author, “New Jersey Construction Projects Face New Limitations,” April 9, 2020

Author, “Clarification on Loan Eligibility Requirements for Construction and Other Small Businesses,” April 9, 2020

Author, “‘Prompt Pay’ For Construction May Still Apply Amid COVID-19,” Law360, April 3, 2020

Co-Author, “States Deem Medical Marijuana Essential Industry During COVID-19 Emergency,” April 1, 2020

Author, “Pennsylvania Sets Deadline for Businesses Seeking Waiver or Exemption,” April 1, 2020

Quoted, “‘What Justice Requires’: US Courts in Pa. Fight to Stay Open Amid Coronavirus Outbreak,” The Legal Intelligencer, March 26, 2020

Author, “Postponing Upcoming Primary Elections Amid Coronavirus Concerns?” March 25, 2020

Author, “Conservatorship Act Is Pa.’s Best Property Restoration Tool,” Law360, March 24, 2020

Author, “Alert – Construction Projects: Prepare for Mandatory Civil Authority Shutdowns Due to COVID-19,” March 19, 2020

Author, “Are Construction Sites Open? Jurisdictional Impacts in PA, NY, and NJ,” March 17, 2020

Author, “Commercial Lease Considerations During COVID-19,” March 16, 2020

Author, “Alert: The Force Du Jour: Coronavirus and Force Majeure Clauses,” Litigation Alert, March 9, 2020

Author, “Alert: Pennsylvania Superior Court Clarifies “Legally Occupied” Under the Abandoned and Blighted Property Conservatorship Act,” Litigation Alert, April 19, 2019

Author, “Dismissal of a Complaint Due to an Arbitration Clause Does Not Toll the Statute of Limitations,” Litigation Alert, March 28, 2019

Author, “Superior Court Examines Service Requirements under Pennsylvania’s Mechanics’ Lien Law,” Litigation Alert, March 19, 2019

Keynote presenter, “Opportunities Pennsylvania Act 135,” Union League Real Estate Club Program, January 2018

Quoted, “KDR National files cross-claim against PSU, IFC in Vivenzio frat case,” The Centre Daily Times, June 15, 2017

Featured, “Quill and Scroll,” National Fraternity of Kappa Delta Rho, Winter 2016

Quoted, “These Guys Are Philadelphia’s Professional Blight Busters,” The Philadelphia Inquirer, December 15, 2016

Quoted, “Judge Tosses Hazing Claims Against Penn State, Fraternity,” The Legal Intelligencer, December 9, 2016

Quoted, “A Move to Take Over a Derelict, Dangerous Callowhill Property is Initiated,” Philadelphia Business Journal, December 7, 2016 –

Presenter, 2nd Annual Union League Real Estate Summit, August 2016.

Quoted, “Is Philadelphia’s Team Leader Approach Sowing Confusion,” The Legal Intelligencer, August 19, 2016

Author, “Understanding Your Client’s Organization and Personality” The Legal Intelligencer, June 28, 2016

Quoted, “Penn State hazing case could be heard in Dauphin County under judge’s new order,” Penn Live January 28, 2016.

Quoted, “Judge Transfer Penn State Hazing Practices Case From Philadelphia,” The Legal Intelligencer, January 28, 2016

Quoted, “Young Lawyers Can Benefit From a Good Mentor Relationship,” The Legal Intelligencer, December 2, 2015

Co-presenter, Construction Accounting and Financial Reporting Seminar, November 2014

• Recovered a warrant for common stock from a publicly traded company in the federal district court for the Southern District of New York. The warrant was partial consideration for a major transaction, which was being withheld in an effort to renegotiate the original deal.
• Tried the largest filing under Pennsylvania’s Abandoned and Blighted Property Conservatorship Act (Act 135) in the Commonwealth of Pennsylvania on behalf of not-for-profit blight conservator. The property was a former steam plant that once fed the Center City Philadelphia steam loop but had fallen into decay and blight.
• Recovered contract damages from the principals and successor company of a defunct trade subcontractor in the Southern District of New York. To succeed, extensive research and analysis concerning the business practices of the principals and new company, including transfers of assets and business, was necessary.
• Successfully represented several prime contractors in claims before the Pennsylvania Board of Claims related to cost overruns on a large public project, including representation at trial and before the appellate courts. Represented a general contractor on various claims, including lien and payment claims, resulting from the construction of a multi-family building near Temple University. The total value of claims exceeded $8 million.
• Defended a national Greek organization in tort litigation involving allegations of hazing, which after successfully removing the matter from Philadelphia County and winning a motion to dismiss most claims, resolved the matter.
• Successfully defended a public official and “electors” under Pennsylvania’s election code in a Wrongful Use of Civil Proceeding Action brought by a frustrated state senate candidate over a petition to remove the candidate from the ballot. After winning in the trial court, successfully defended the trial court’s decision in the appellate courts.
• Obtained the dismissal of a mechanics’ lien filed by a subcontractor against an academic building of a public university. Represented the owner (university) and the general contractor, and had to develop a record for the court to determine the property was used for a “purely public purpose” under the lien law.
• Successfully represented prevailing offeror/bidder in a public contract/procurement dispute with transportation entity and disappointed offeror/bidder. Assisted in obtaining a “clearly without merit” determination allowing client to continue negotiations and enter into contract.