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Commercial Construction

Our attorneys represent the construction industry from the beginning to the end of projects. Our construction and government contract lawyers represent a wide range of public and private entities who include owners, contractors, subcontractors, construction managers and others throughout the construction project process. We provide advice from the initial stage of pre-construction to completion of the project. We anticipate risks and determine appropriate means of resolving problems. We handle issues of contract administration that have both legal and financial implications. Our surety attorneys represent a wide number of companies in contract surety, fidelity and surety matters.

Our casualty lawyers handle construction accidents and construction defect litigation. We have handled cases which include falls from and through scaffolding and other platforms, injuries from materials falling during construction demolition activities and electrocutions. We also handle complex construction defect litigation in cases ranging from HVAC systems which are alleged to have been defectively installed to poor framing or inadequate footing and foundation issues. We also routinely handle issues dealing with indemnification and additional insured status.

As with many other industries, our Employment and Workers’ Compensation lawyers work closely with the industry to meet the needs of employers and their workforce.


We represent a wide range of public and private entities, including owners, contractors, subcontractors, construction managers, architects, engineers, construction trade associations, sureties, and suppliers involved in the construction of projects throughout the country. We have years of actual experience in the construction and engineering industry in both the public and private sectors. Our attorneys are uniquely qualified to provide clients with practical answers to the technical and legal questions that arise during the course of representation. We are active in the Forum Committee on the Construction Industry, its Public Contracts Section, and the Transportation Research Board, among other professional organizations.

We provide advice from the initial stages of preconstruction to completion of the construction project. During the preconstruction stages of a project, we anticipate the risks that will arise and determine the appropriate means of resolving these risks through the contracting process. Our proactive approach enables all parties to deal with financial and technical contingencies prior to construction which will frequently result in major cost savings on the project. During construction, issues of contract administration arise that have legal and financial implications. Handling these issues on a prompt basis as they arise produces a more cost- effective and amicable result, than waiting until the end of the project when the parties’ positions have hardened and they are more geared towards litigation or arbitration. Our attorneys’ hands-on experience enables our Group to expeditiously assist clients in these contract administration issues. These issues may include (a) assisting our clients in properly documenting problems or positions, (b) providing advice on contract interpretation, and (c) negotiating change orders and contract adjustments.


We represent a wide number of surety companies in contract surety, fidelity, and commercial surety matters, in addition to our practice of construction, contract and bankruptcy law in federal and state courts and before federal and state administrative agencies.

Our surety attorneys represent contract sureties on public or private projects in litigation pursuing contract balances, as well as other claims and actions against the owner to facilitate the indemnification and exoneration of the surety by its principal and indemnitors. Our attorneys have represented sureties in equitable subrogation actions across the country and internationally. On a regular basis, our attorneys handle significant default termination litigation in numerous state and federal courts. In many cases, we counsel contract sureties confronting default situations on large bond claims to minimize loss and to maximize recoveries.  We are positioned to offer a full array of services to sureties.


Construction accidents are complex, often both factually and legally. Our construction lawyers handle the most serious incidents and, with the assistance of our insurance coverage lawyers and workers’ compensation lawyers, are able to untangle the most complex legal and factual web.

Post & Schell has represented contractors, sub-contractors and property owners in construction accident litigation on projects ranging from power plants to large office complexes to single family homes. These accidents often occur during the construction project itself, and that brings into play issues relating to workers’ compensation immunity to the employer and issues of compliance with safety regulations, such as the OSHA regulations, and industry standards, such as those promulgated by ANSI and ASME.

Our construction litigators have handled cases which include falls from and through scaffolding and other platforms, injuries from materials falling from above during construction or demolition activities, and electrocutions. We routinely handle issues dealing with indemnification and additional insured status, as well as the complexities relating to Pennsylvania Statutory Employer Defense and Borrowed Servant Doctrine.

Our construction litigators also handle complex construction defect litigation. We represent a number of builders and contractors on suits relating to commercial and residential property. We have handled cases in which HVAC systems are alleged to have been defective, and cases for alleged poor framing, inadequate footings and foundations, and roofing concerns. We have handled a case in which a water filtration was alleged to have resulted from various types of clotting including exterior insulating and finishing systems and conventional stucco. Cases of this complexity invariably involve unique insurance coverage issues, and we have defended contractors and builders on the various legal theories that are routinely asserted, including breaches of implied warranties of habitability and fitness, fraud and violation of the Consumer Protection Statute. We know the applications of building codes such as the BOCA National Building Code, as well as construction standards such as NAHB’s Residential Construction Performance Guidelines.

As trial lawyers we understand the nuances of litigation. We also know that our clients often want to put these matters behind them as quickly as possible. We have participated in numerous large scale mediations involving construction defects. Knowledgeable lawyers, creative resolutions, and the ability to draw on various firm department resources make us powerful advocates for the construction industry.