Patrick John Kearney, Jr.

Practice Details

• Firm Information
  Position

  Partner

  Firm Name

  Duane Morris LLP
• Representative Cases & Transactions
  Cases

  Representative Matters: Litigation: Obtained judgment after a four day bench trial in Chester County, Pennsylvania on behalf of three real estate investment partnerships in a lawsuit filed against them by two limited partners who claimed that partnership property had been improperly sold below fair value as part of a fraudulent scheme.
  Filed, prosecuted,
  /or defended over one hundred mechanics' lien claims in New Jersey
  Pennsylvania.
  Obtained a $7.6 million jury verdict following a four-week trial for a national developer against an architectural engineering firm in a suit arising from the delayed construction
  opening of a major retail center in Atlantic City, N.J.
  Obtained a favorable outcome for a client on a high-profile construction litigation matter in Boston, Massachusetts involving a water main break that affected more than two million residents in the Boston area.
  Represented a national contractor in pursuing a claim in state court for changed conditions, labor inefficiency
  extra work on a project involving the construction of a casino, with an outcome the client found favorable.
  Represented a large mechanical contractor in a mediation of a delay
  inefficiency claim on a project involving the construction of an NFL football stadium, with an outcome the client found favorable.
  Successfully enforced a pay-if-paid provision against several subcontractors that asserted multi-million dollar claims against a general contractor.
  Obtained a favorable outcome for a client involving the interpretation of a termination-for-convenience
  a termination-for-cause provision.
  Obtained a favorable outcome for a developer defending claims brought by a contractor for unforeseen site conditions.
  Obtained the dismissal of claims brought by an electrical contractor who was seeking to recover millions in delay costs, inefficiency
  extra work.
  Resolved to the client's satisfaction a multimillion-dollar suit in Connecticut federal court on behalf of a national electrical contractor on claims brought on a project involving the construction of a high-rise building in Hartford.
  Appeared before the Institute for Christian Conciliation
  obtained a judgment on behalf of an architect for unpaid design services.
  Obtained injunctions in federal court enjoining ex-employees from unlawfully using proprietary information for the benefit of their new employer.
  Transactions: Drafted
  negotiated construction contracts for owner/developers, contractors, design professionals, school districts, condominium associations,
  various public entities.
  Supported contractors through state
  local licensing
  registration requirements.
  Project
  Business Management: Created
  implemented a strategy with detailed processes
  protocols that allowed a bank to substantially change the overall construction schedule
  delete major items of work while protecting the bank
  owner from claims
  additional exposure from contractors
  subcontractors.
  Assisted a contractor in complying with state
  federal M/W/DBE subcontracting requirements by creating policies
  procedures that could be implemented within the company.