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Post & Schell Construction and Casualty Law Principals Among Faculty That Discussed Construction Law Trends and Issues at PBI Construction Litigation Seminar on Oct. 15

Principals from Post & Schell's Construction, Government Contracts & Surety Law and Casualty Practices recently participated in the full-day Pennsylvania Bar Institute (PBI) CLE seminar, "Construction Litigation: Views from the Bench and the Trench," on October 15, 2018 in Philadelphia, PA. The panel included: 


  • Paul A. Logan - Principal in Post & Schell's Construction, Government Contracts & Surety Law Practice Group.


  • Hon. Jeffrey F. Smith - Chairman/Chief Administrative Judge, Pennsylvania Board of Claims.
  • Mason Avrigian, Jr. - Principal and Co-Chair of Post & Schell's Construction, Government Contracts & Surety Law Practice Group.
  • Patrick C. Lamb - Principal in Post & Schell's Casualty Litigation Department.
  • Jeffrey P. Wallack - Principal in Post & Schell's Construction, Government Contracts & Surety Law Practice Group.
  • David L. Narkiewicz - Assistant Chief Counsel in Charge of Litigation. Pennsylvania Department of General Services.
  • David M. Burkholder - Partner in Wisler Pearlstine, LLP's Construction Litigation Practice.
  • Andrew R. Duffy - Partner with Saltz Mongeluzzi Barrett & Bendesky PC.
  • Jeffrey P. Goodman - Partner with Saltz Mongeluzzi Barrett & Bendesky PC.
  • Patrick R. Kingsley - Chair of Stradley Ronon Stevens & Young LLP's Construction & Alternative Dispute Resolution Practice.
  • C. Grainger Bowman - Of Counsel in K&L Gates' Complex Commercial Litigation and Disputes Practice. 

The panel discussed recent decisions shaping construction litigation in Pennsylvania - in some instances hearing from the attorneys on both sides of major decisions. The faculty also examined potential "landmines and hidden traps" for the construction industry during the seminar.

Topics included:

  • Owner/Contractor/Designer/Supplier liability in light of catastrophic events: The Salvation Army building collapse catastrophe. The discussion included insights from attorneys involved in both sides of the Salvation Army case, including Post & Schell's Pat Lamb, who secured a full dismissal by way of preliminary objections for a client in the case, as well as attorneys from Saltz Mongeluzzi Barrett & Bendesky PC, who represented plaintiffs in the case.
  • Statutory remedies: CASPA and Procurement Code remedies in light of the A. Scott Enterprises v. City of Allentown decision. Included insights from Judge Smith and Post & Schell's Paul Logan, who defended the client in the case.
  • Bilt-Rite — Where are we today? (3rd Party Negligent Misrepresentations). Including insights from Mason Avrigian and Jeff Wallack from Post & Schell who defended the parties involved in the case.
  • The Steel Products Procurement Act. 
  • Sales and use taxes and most recently earned income taxes.
  • New and old conditions for Mechanic’s lien claims. 
  • Surety issues.

Mr. Logan, who also served as the CLE seminar's Course Planner, noted that the seminar was particularly insightful into the construction-related legal issues in Pennsylvania because the panel included attorneys from both sides who have tried the actual decisions that shaped the law in the state, as well a valuable governmental perspective and a view from the bench.

"When I asked Judge Smith to participate in the panel, I pointed out that much of the construction law of Pennsylvania has its origin before the Board of Claims. We were fortunate that he graciously accepted.

Similarly, David Narkiewicz brought a government/DGS view that was essential to the discussion throughout the day."