Construction

Our multi-disciplinary approach to the construction industry allows clients to gain insight from professionals in its high-powered litigation and real estate practices, including environmental. We represent governmental entities, private owners/developers, construction managers, contractors, trade contractors, lenders, and sureties in transactions, litigation, procurement, close-out, investigations and dispute resolution.

Drawing from this wealth of knowledge, we have represented clients in many development and construction areas, including public works/infrastructure, transportation projects, commercial and industrial construction, housing developments, municipal construction, hospitality, retail, and residential construction.

Chambers USA has recognized us as a distinguished law firm in Pennsylvania in construction, including individual rankings for our construction chair, Gaetano Piccirilli, in 2024 and noted, “Klehr Harrison Harvey Branzburg LLP is equally adept in advising clients on transactions and dispute resolution in the construction sphere. The firm is experienced in drafting and negotiating construction and design contracts. Its litigation expertise spans defect claims, bid protests and injunction proceedings.”

Representative Litigation/Dispute Resolution Matters

• Obtained an injunction and favorable settlement for a construction manager/general contractor to defend three adversary proceedings in the United States Bankruptcy Court (Eastern District of New York) brought by a debtor-subcontractor. Claims were more than $6,000,000 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).
• Successfully defeated an injunction action filed against a major metropolitan school district that would have blocked the opening of an elementary school—avoiding a delay in opening the school at the start of the school year.
• Successfully defeated an injunction action filed against a national developer’s high-rise student housing project in Michigan, where a competitor sought to delay construction/completion for 12 months in a bad faith attempt to maintain market share.
• Represented a general contractor in all claims resulting from the construction of a multi-family building near Temple University, in which the total value of the claims exceeded $8 million. The representation included various mediations, trial schedules, etc., and resulted in the resolution of all matters.
• Represented a trade contractor in the filing and perfection of over 30 mechanics’ lien claims against a housing developer and in federal court contract action. The client obtained significant judgment (including attorneys’ fees), which it was able to monetize. Successfully prosecuted a breach of contract claim against the steel subcontractor and its successor company after the subcontractor defaulted. Obtained considerable evidence showing the transfer of assets from one company to the other to hold the successor company accountable.
• Obtained dismissal of mechanics’ lien against a major university after successfully arguing and eliciting evidence to show that the property was used for a “public purpose” under Pennsylvania’s mechanics’ lien law.
• Represented a series of prime contractors in delay and inefficiency claims against the Department of General Services before the Board of Claims and the Commonwealth Court involving a large public works project.
• Successfully prosecuted claims for a major metropolitan school district on performance bonds given by defaulted contractors that resulted in the recovery of millions of dollars to cover damages suffered by the school district.

Representative Transactional Matters

• Representation of owners and developers in ground-up and retrofit developments of over $300,000,000 in recent years, including the negotiations of construction and design contracts with contractors, architects, engineers, surveyors, geotechnical engineers, environmental engineers, interior designers, and vendors of furniture and fixtures and equipment based on cost plus fee with no maximum guaranteed price, cost plus fee with a guaranteed maximum price, and fixed price.
• Representation of owners in the acquisition, construction and finance of $150,000,000+ of assisted living facilities in newly formed LLCs with structured institutional equity investments and tiered debt from taxable and tax-free lower floater bonds.
• Representation of a large regional retailer in a series of construction transactions, including office and warehouse space for, in the aggregate, approximately $140,000,000.
• Representation of a student housing developer in the development and construction of numerous multi-family housing projects totaling approximately $155,000,000.