Kenneth A. Cushing



(215) 665-4190

(215) 665-2013

Recent Publication:

Pennsylvania’s Prompt Payment Act Applies to Mixed Use Construction [Alert]

Kenny Cushing and Nick Berenato discuss the Pennsylvania Superior Court's decision in El-Gharbaoui v. Ajayi.

Kenny focuses his practice on construction law. He has counseled and represented project owners, developers, contractors, and design professionals in all phases of public and private construction projects, agency appeals, and the dispute resolution process on a wide range of projects from traditional vertical construction to some of the largest intrastate and interstate linear infrastructure projects. Kenny has represented Fortune 100 midstream companies, natural gas companies, heavy highway contractors, general and specialty contractors, engineering, architectural, and design firms, real estate developers, retailers, homebuilders, universities, long-term care facilities, condominium associations, and other industry stakeholders across the country. He navigates clients through challenges in project management, litigation, arbitration, appeals, and bankruptcy, as well as bond claims, insurance claims, and mechanics’ liens claims. He also counsels clients through the contract negotiation and drafting process, and has drafted and negotiated construction and design services agreements for projects across the country. 

Kenny also maintains an active pro bono practice, most recently representing Veterans before the Board of Veterans Appeals and U.S. Court of Appeals for Veterans Claims, and drafting and negotiating construction services agreements for the Kimmel Center in Philadelphia. 

Kenny was a law clerk to The Honorable Federico A. Moreno in the U.S. District Court for the Southern District of Florida.  While earning his law degree, Kenny was a judicial intern to The Honorable Gene E.K. Pratter in the U.S. District Court for the Eastern District of Pennsylvania. Prior to studying and practicing law, Kenny was a college football coach for four years following one year of service as an AmeriCorps volunteer teacher.



82 Cozen O’Connor Lawyers, 19 Practices Earn Top Recognition in Chambers USA 2021 Guide

May 26, 2021

Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 82 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2021 edition; of those, 15 lawyers have been recognized nationally.


Pennsylvania’s Prompt Payment Act Applies to Mixed Use Construction [Alert]

August 12, 2021

Kenny Cushing and Nick Berenato discuss the Pennsylvania Superior Court's decision in El-Gharbaoui v. Ajayi.

PA Appellate Court Strikes Down Project Labor Agreement for First Time—Saves Taxpayers Millions

August 08, 2019

For the first time, a Pennsylvania court struck down the lawfulness of a project labor agreement (“PLA”), finding that it violated Pennsylvania’s competitive bidding laws. As a result, the pool of potential bidders on Pennsylvania public projects—both union and nonunion—remains competitive and will save taxpayers millions.

30-Day Warning: Major Changes to Pennsylvania’s Contractor and Subcontractor Payment Act [Construction Alert]

September 10, 2018

Kenneth Cushing discusses the very significant statutory changes relating to payment disputes on Pennsylvania private construction projects.


  • Wake Forest University School of Law, J.D.
  • University of Notre Dame, B.A.
  • Southwest Minnesota State University, M. Ed.

Awards & Honors

Chambers and Partners USA, Associate to watch 2021

  • New Jersey
  • Pennsylvania
  • U.S. District Court -- Eastern District of Pennsylvania
  • U.S. District Court -- Northern District of Illinois

The Honorable Federico A. Moreno in the U.S. District Court for the Southern District of Florida