Recent News:
Cozen O’Connor is pleased to announce that Wendy Venoit, member of the firm’s Construction Law Group, has been named a 2021 Lawyer of the Year by Massachusetts Lawyer Weekly.
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Cozen O’Connor not only knows construction law — we know the construction industry. We understand the economics, culture, language, and technology that underlie modern building projects.
With more than 45 attorneys practicing in 12 offices throughout the United States, Cozen O’Connor’s Construction Group has the depth and geographical reach to handle our clients’ most complex problems in the United States and abroad. The Construction Group includes attorneys who are ranked nationally by leading organizations and peer-reviewed publications, including the American College of Construction Lawyers, Chambers USA, U.S. News/Best Lawyers, and The Legal 500. Law360 has recognized the group as a Practice Group of the Year — Construction in 2019 and 2021.
Our attorneys have been in the field, on work sites, and in both boardrooms and courtrooms for more than 40 years, so our legal advice is grounded in that direct, practical experience. We anticipate problems, recommend creative solutions and structure practical agreements. We listen to clients’ specific needs because a “win” can mean different things in challenging construction and legal environments. Whatever the goal, we efficiently analyze the substance of construction-related challenges, help our clients respond in a decisive fashion, and communicate effectively with all parties, from ironworkers and masons to executives, engineers and experts.
In addition to being experienced trial lawyers, our lawyers are also highly experienced in all forms of alternative dispute resolution techniques, including partnering, dispute review boards, mediations, arbitrations, and adjudications. When out-of-court resolution is not attainable, Cozen O’Connor’s construction litigators and arbitration advocates are prepared to go to trial. We have successfully tried cases in state and federal courts, and before arbitration tribunals both domestically and abroad. We have earned a national reputation for skill and tenacity in the court or hearing room. In fact, the Construction Group is chaired by one of the few construction litigators ever invited to be a Fellow of the American College of Trial Lawyers.
And when construction matters intersect with other disciplines, the Construction Group draws on the resources of a full-service, international law firm. Our construction clients benefit from experienced and integrated corporate, bankruptcy, environmental, labor, intellectual property, and white collar practices, among others. In addition, the firm’s nationally recognized insurance team regularly advises construction industry leaders on alternative insurance coverage programs, liability and risk review, coverage issues, and claims.
List of Services
The Construction Group’s lawyers provide the full spectrum of services necessary to serve owners, developers, contractors, construction managers, architects, engineers, subcontractors, and suppliers, including:
Project Development
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Counseling on project delivery systems, contracting forms and pricing structures
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Preparation of bid documents
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Project risk evaluation and review
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Formation of owner- or contractor-controlled insurance programs, and captive insurance programs
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Counsel on forms of security, including performance and payment bonds, subcontractor default insurance (Subguard™), and letters of credit
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Drafting and negotiation of prime contracts (including design-build, EPC, CM at risk, cost reimbursable, and other forms of contract), subcontracts, and purchase orders
Project Counseling and Dispute Avoidance
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Project counsel services, supporting the Project team during the post-award, execution phase of the Project.
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Claim evaluation, preparation and defense
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Contract, change order, and claim review
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Project monitoring and assistance with early claim resolution
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Client education and training programs, including contract training at the start of the Project
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Preparation of template notices, letters and timelines for use by the Project team.
Litigation/Alternative Dispute Resolution (ADR)
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Dispute Review Boards (DRBs) and Dispute Adjudication Boards (DABs);
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Statutory adjudication
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Mediation
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Arbitration (AAA, JAMs, CPR, statutory/court-ordered, and ad hoc)
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International Arbitration (ICDR, CPR, ICC, LCIA, and ad hoc)
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State and Federal Court Arbitration
Legal Issues/Claims
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Breach of contract and contract interpretation
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Defective specifications and design
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Construction defects and failures
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Change Orders and Claims
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Differing site conditions, changed conditions, and changed standards
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Delay, disruption, acceleration, inefficiency, and interference claims
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Out of scope Extra work
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Payment disputes
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Bid, payment, performance, and other surety bond claims
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Insurance, CCIP/OCIP, and Subguard™ claims.
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Mechanic’s liens
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Defaults and terminations
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OSHA and Americans with Disabilities Act (ADA) compliance
Projects/Industries
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Commercial / Residential Construction
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Power, Energy, and Utility
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Power Plant construction
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Renewables, including solar, hydroelectric, wind power, and offshore wind
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Wastewater treatment plants
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Industrial / Manufacturing
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Infrastructure, heavy highway, aviation, and transportation
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Mining
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Oil and gas
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Education
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Public / private school projects (K-12)
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Colleges, universities, and higher education
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Health care: Hospitals, assisted living, and life sciences
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Sports, gaming, and entertainment
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Government / Public contracting (state and federal)
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Hospitality, retail, restaurant
May 22, 2022
Senate Bill 550 makes changes to Virginia's Prompt Payment Act and its wage theft statute that will take effect on January 1, 2023.
December 22, 2021
Ralf Rodriguez contributed an article to the ACC South Florida Winter Newsletter discussing the key points in-house counsel should consider when conducting an internal investigation to establish and maintain its privileged status.
December 08, 2021
Larry Prosen discusses recent how the DOJ is auditing, investigating, and, where appropriate, prosecuting PPP recipients who broke the rules
December 06, 2021
Ralf Rodriguez discusses proposed revisions to Florida statutes § 95.11(3)(c), § 558.004, § 558.0045, § 558.0046, and §558.006.
November 30, 2021
Stephen Seeger contributed an article to CLM Magazine which discusses the cause and effect of construction vibrations.
November 11, 2021
Larry Prosen discusses DoD's Advanced Notice of Proposed Rulemaking updating its existing, relatively young, CMMC model certification to a CMMC 2.0 structure.
August 12, 2021
Fred Jacoby and Jeffrey Mullen contributed an article to The Legal Intelligencer discussing how the pandemic has reinforced the importance of planning for the unexpected when negotiating construction contracts, even where there is no express force majeure clause to which to point.
August 12, 2021
Kenny Cushing and Nick Berenato discuss the Pennsylvania Superior Court's decision in El-Gharbaoui v. Ajayi.
May 10, 2021
Wendy Venoit co-authored the United States chapter of The International Compendium of Construction Contracts.
April 28, 2021
Bob Magovern and Matt Howell discuss Biden's executive order increasing the minimum wage for federal contactors.
June 02, 2020
Chris Sweeney and Alex Busch explain why now could be the perfect moment for contractors to draw a baseline and measure the impacts to date and start measuring future impacts.
May 04, 2020
Sam Mogensen and Chris Sweeney provide updates on recent stay-at-home orders in the midwest and how they are impacting the construction industry.
April 29, 2020
Nick Berenato discusses New York's plan to reopen in phases.
April 27, 2020
Nick Berenato and Chris Sweeney discuss Governor Wolf's plan to reopen the construction industry in Pennsylvania.
April 27, 2020
Jesse Keene discusses Governor Inslee's addendum allowing limited construction projects to resume in Washington.
April 16, 2020
Kelly Trout and Chris Sweeney detail Maryland, New Jersey, and Pennsylvania's recent orders mandating businesses that are operating follow CDC guidelines for preventing the spread of COVID-19.
April 10, 2020
Chris Sweeney, Stephen Seeger, Jesse Keene, and Alex Busch detail the various stay-at-home orders issued by Midwest states and the impact of each on the construction industry.
April 10, 2020
Nick Berenato and Chris Sweeney discuss New Jersey's latest executive order and what it means for construction project sites.
March 31, 2020
Leni Cummins and Jennifer Miller discuss the Department of Building's guidance following Governor Cuomo's order halting all non-essential construction in New York.
March 31, 2020
Chris Sweeney, Stephen Seeger, Jesse Keene, Kelly Trout, and Alex Busch discuss the D.C. mayor's order closing all non-essential businesses and how it impacts the construction industry.
March 30, 2020
Christopher Sweeney, Stephen Seeger, Jesse Keene, Kelly Trout, and Alex Busch discuss how the Maryland and Virginia executive orders will impact the construction industry.
March 27, 2020
Nicholas Berenato, Chris Sweeney, Stephen Seeger, Jesse Keene, and Alex Busch review the executive orders from the governors of Delaware, New York, New Jersey, and Pennsylvania and the impact on the construction industry.
March 25, 2020
Chris Sweeney, Stephen Seeger, Jesse Keene, and Alex Busch discuss orders in California, Oregon, and Washington closing businesses due to coronavirus.
March 20, 2020
Chris Sweeney, Stephen Seeger, and Jesse Keene discuss steps the construction industry can take now to better prepare them for the impact of COVID-19.
December 01, 2019
Wendy Venoit co-authored an article for The Construction Lawyer that discusses the third phase of Forensic Schedule Analysis in the context Rule 702.
September 30, 2019
Maura Winters discusses the legislative landscape of indemnity statutes across the country so you can to determine whether the indemnification provision in your construction contract is enforceable.
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.
September 10, 2018
Kenneth Cushing discusses the very significant statutory changes relating to payment disputes on Pennsylvania private construction projects.
August 04, 2018
Ray DeLuca, Fred Jacoby, and Jeff Mullen, attorneys in the firm's Construction Law Group, published, "How the Miller Act May Help a Subcontractor Avoid the Effect of Subcontract Terms" for The Legal Intelligencer.
September 25, 2017
James Kwartnik and Fred Jacoby discuss the AIA's changes to A201 (General Conditions of the Contract for Construction) documents.
August 22, 2017
Fred Jacoby, Ray DeLuca, and Jeff Mullen, of Cozen O'Connor's Construction Law Group, published, "Indemnity and Additional Insureds: Tools for Risk Shifting," in The Legal's Construction Law supplement.
May 30, 2017
Maura Winters published an article to Lexology discussing how many general contractors are trying to raise contractual indemnity claims that are not compliant with Florida’s contractual indemnification statute, F.S. § 725.06.
April 22, 2022
Larry Prosen was quoted in an article published by Law360 which discusses how the infrastructure bill President Joe Biden signed into law in the fall is set to unleash hundreds of billions of dollars on roads, bridges, trains, and other construction projects.
April 07, 2022
Larry Prosen, member of the firm's Construction Law Group, has been named to Law360’s 2022 Construction Editorial Advisory Board.
March 31, 2022
Cozen O’Connor is pleased to announce that Josephine Bahn, an associate in the firm’s Commercial Litigation Department, has been selected to the Daily Record’s Maryland Top 100 Women List.
March 18, 2022
Cozen O’Connor is pleased to announce that Wendy Venoit, member of the firm’s Construction Law Group, has been named a 2021 Lawyer of the Year by Massachusetts Lawyer Weekly.
March 14, 2022
Cozen O’Connor is pleased to announce that Bruce Ficken, chair of the firm’s Construction Law Group, has been named to City & State’s 2022 Construction Power 75 list.
March 01, 2022
Wendy Venoit was quoted in a Law360 article that featured a long list of attorney moves in Boston during the month of February.
February 02, 2022
Wendy Venoit was featured in a Law360 article that discusses her move to Cozen O'Connor.
January 31, 2022
Venoit brings a distinguished history of litigation and arbitration of infrastructure, power, renewable energy, oil and gas, and vertical construction projects throughout the United States and internationally.
January 18, 2022
Cozen O’Connor is pleased to announce that the firm has been named a Law360 2021 Practice Group of the Year in Construction.
November 04, 2021
U.S. News & World Report and Best Lawyers recognized Cozen O’Connor as a “Best Law Firm” in 29 practice areas nationwide and 121 practice areas regionally.
October 13, 2021
Ralf R. Rodriguez joins our Miami office. He will be a member of the Construction Law Group.
August 19, 2021
Best Lawyers selected 210 Cozen O’Connor lawyers from 23 of the firm’s nationwide offices for inclusion in the 2022 edition of The Best Lawyers in America.
July 26, 2021
The former vice president and litigation and risk management counsel brings to this nationally recognized construction practice close to two decades of distinguished experience having managed hundreds of litigations and arbitrations through discovery, hearings, appeals, and/or settlement.
June 17, 2021
The Legal 500 United States named Cozen O’Connor’s Aviation, Construction, Immigration, Insurance, and Maritime practices and Cozen O’Connor attorneys Scott Bettridge, Raymond DeLuca, Geoffrey Ferrer, Bruce Ficken, David Heffernan, Jeffrey Lawrence, Robert Magovern, Anne Mickey, Jeffrey Mullen, Josh Stein, Jeff Vogel, and Rachel Welford to its 2021 Legal Guide.
May 28, 2021
Super Lawyers has selected 47 Cozen O'Connor attorneys to the 2021 Pennsylvania Super Lawyers and Rising Stars lists.
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.
May 05, 2021
Super Lawyers has named 12 Cozen O'Connor attorneys to its 2021 Washington, D.C., Super Lawyers and Rising Stars list.
March 30, 2021
Larry Prosen was featured in an article published by Construction Dive, which discusses steps construction firms can take to ensure they remain compliant.
March 01, 2021
Prosen brings a distinguished resume that includes experience in all aspects of government contracts, from regulatory compliance to claims and bid protest litigation. Joining with Prosen are two associates Benjamin L. Williams and Caitlin E. Trevillyan.
December 11, 2020
Cozen O’Connor is pleased to announce that Bruce Ficken, chair of the firm’s Construction Law Group, was selected by Lawyer Monthly as Lawyer of the Year 2020 for Construction Law – USA.
November 05, 2020
U.S. News & World Report and Best Lawyers recognized Cozen O’Connor as a “Best Law Firm” in 25 practice areas nationwide and 115 practice areas regionally.
October 22, 2020
Cozen O’Connor is pleased to announce that Jesse Keene, member of the firm’s Commercial Litigation Department, has been named a fellow of the Construction Lawyers Society of America. The
August 20, 2020
Best Lawyers selected 201 Cozen O’Connor lawyers from 23 of the firm’s nationwide offices for inclusion in the 2021 edition of The Best Lawyers in America© (Copyright 2020 by Woodward/White, Inc., of Aiken, SC).
June 22, 2020
The Legal 500 United States named Cozen O’Connor’s Aviation, Construction, Immigration, Insurance, and Maritime practices and Cozen O’Connor attorneys Scott Bettridge, Stephen Cozen, Raymond DeLuca, Geoffrey Ferrer, Bruce Ficken, David Heffernan, Jeffrey Lawrence, Robert Magovern, Anne Mickey, Jeffrey Mullen, Josh Stein, Christopher Sweeney, and Jeff Vogel to its 2020 Legal Guide.
June 05, 2020
Super Lawyers has selected 58 Cozen O'Connor attorneys to the 2020 Pennsylvania Super Lawyers and Rising Stars lists.
May 14, 2020
Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 63 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2020 edition.
April 20, 2020
Super Lawyers has named 14 Cozen O'Connor attorneys to its 2020 Washington, D.C., Super Lawyers and Rising Stars list.
January 27, 2020
Cozen O’Connor has been named Law360 2019 Construction Group of the Year.
November 05, 2019
The U.S. News – Best Lawyers “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations and peer review from leading attorneys in their field.
October 25, 2019
Bruce Ficken, chair of Cozen O’Connor’s Construction law Group, Larry Laubach, chair of the firm’s Corporate Law Practice Group, and Elizabeth Malloy, member of the Labor and Employment Group, were named to the Philadelphia Business Journal’s 2019 “Best of the Bar.”
October 16, 2019
James Kwartnik has been recognized as a 2019 Rising Star by Law360.
October 07, 2019
Cozen O’Connor today announced attorneys Christopher M. Sweeney and Alexandra E. Busch have joined its Washington D.C. Construction Law practice, bringing to four the number of lawyers who have joined the fast-growing practice in just the past two weeks.
September 23, 2019
Seeger and Keene have played leading roles in developing some of the largest building projects in Washington, D.C., one of the hottest and fastest-growing commercial and multifamily construction markets in the United States.
August 28, 2019
Cozen O’Connor is proud to announce that six of the firm’s lawyers have been recognized as “Lawyers of the Year” in their respective practices by Best Lawyers in America.
August 28, 2019
Best Lawyers selected 138 Cozen O’Connor lawyers from 21 of the firm’s national offices for inclusion in the 2020 edition of The Best Lawyers in America.
June 14, 2019
The Legal 500 United States named Cozen O’Connor’s Aviation, Construction, Immigration, Insurance, and Maritime practices and Cozen O'Connor attorneys Scott Bettridge, Raymond DeLuca, Geoffrey Ferrer, Bruce Ficken, David Heffernan, Jeffrey Lawrence, Robert Magovern, Anne Mickey, and Jeffrey Mullen to its 2019 Legal Guide.
May 21, 2019
Super Lawyers has selected 64 Cozen O'Connor attorneys to the 2019 Pennsylvania Super Lawyers and Rising Stars lists.
April 25, 2019
Chambers USA, the leading annual guide to the top lawyers and law firms in the USA, has ranked 57 Cozen O’Connor lawyers as leaders in their respective fields in the Guide’s 2019 edition.
March 20, 2019
Cozen O'Connor Construction Law Practice Chair Bruce W. Ficken has been selected as a Philadelphia Inquirer 2019 Influencers of Law Award Winner in the category of Business Litigation.
January 11, 2019
David Shimkin, a member in the firm's Commercial Litigation Department, was quoted in Law360's article, "Calif. Builders Strategize Ahead Of 2020 Solar Panel Rules."
August 22, 2018
One hundred twenty-six Cozen O’Connor lawyers from 20 of the firm’s national offices have been selected for inclusion in the 2018 edition of The Best Lawyers in America.
June 15, 2018
The U.S. edition of The Legal 500 recognized Cozen O’Connor’s Aviation, Construction, and Shipping practices as well as attorneys Geoffrey Ferrer, Bruce Ficken, David Heffernan, Jeffrey Lawrence, Robert Magovern, and Anne Mickey.
June 12, 2018
Super Lawyers has named 54 Cozen O'Connor attorneys to its 2018 Pennsylvania Super Lawyers and Rising Stars lists.
May 21, 2018
Cozen O’Connor is pleased to announce that Chambers USA has recognized 50 Cozen O’Connor attorneys for 2018 as leaders in their respective fields; 12 attorneys were recognized nationally and 14 were ranked in the top band either nationally or at the state level.
May 10, 2018
Bruce Ficken, chair of the firm's Construction Law Practice, was quoted in Law360's feature, "Firms Add Construction Lawyers As Cities See More Cranes."
February 01, 2018
In the 2018 U.S. News - Best Lawyers® "Best Law Firms, Cozen O’Connor is ranked nationally in 17 practice areas and regionally in 64 practice areas.
August 23, 2017
Lawyers were selected for inclusion in the 2018 edition based on a rigorous peer-review that has been developed and defined for more than 30 years.
June 19, 2017
The Legal 500 United States recommended Cozen O’Connor’s Shipping and Aviation practices and named Mark Atwood, Geoffrey Ferrer, Bruce Ficken, Mark Fink, David Heffernan, Jeffrey Lawrence, Robert Magovern, and Anne Mickey to its 2017 list.
May 26, 2017
Chambers USA recognized 47 Cozen O’Connor lawyers as leaders in their respective fields; 14 attorneys were recognized nationally and 11 were ranked in the top band.