Andrew Fylypovych

Practice Details

• Firm Information
  Position

  Member

  Firm Name

  Burns White LLC
• Representative Cases & Transactions
  Cases

  Representative Matters
  Successfully represented a design/builder in a multi-state five year dispute seeking final project payment - defeating counterclaims of professional negligence, fraud
  RICO violations
  obtaining
  confirming a AAA arbitration award of $1.2 million for client
  ultimately recovering over 50% of all defense costs incurred by professional liability carrier in defending the counterclaims. With no settlement payment of any kind, garnered a voluntary dismissal of a Montgomery County, Pa. suit by purchaser against individual home seller for damages relating to allegedly fraudulent concealment of swimming pool defects. Obtained summary judgment for a major educational institution in two separate Philadelphia County construction injury actions, one of which involved the application of the Supreme Court of Pennsylvania 2011 decision in the Beil case. The institutional client was fully indemnified for all defense costs
  expenses in both matters. Without any contribution towards settlement, obtained a discontinuance with prejudice of a major engineering firm from a Philadelphia County personal injury suit arising out of a pedestrian accident near a major transportation facility in which another design professional paid almost $200,000. Negotiated a quick
  favorable resolution of a claim by PennDOT against a geotechnical consultant. The claim arose out of the settlement of a major portion of an interstate in the Philadelphia area, allowing for resumption of contract payments to all design professionals on the project. Obtained a compulsory non-suit in a jury trial in York County, PA for a site engineer in a l
  owner's claim arising out of alleged water infiltration from an adjacent storm water drainage basin. Obtained a defense verdict in a jury trial in Philadelphia County on behalf of a design builder in a claim arising out of the catastrophic failure of a refrigeration system causing in excess of $10 million in damages to a frozen food storage facility. Successfully prevented an architect's pass-through of an owner's claim against a structural engineer for alleged defects in a major performing arts center. Obtained a defense verdict in a non-jury trial in Monroe County, PA for a defendant-attorney in a claim arising out of the drafting of remedy provisions in a lease for a commercial golf course.