Patrick J. Kearney has a diverse national construction law and real estate litigation practice, handling a broad range of matters in federal and state courts across the United States and before arbitrators for international and domestic clients. Mr. Kearney has counseled clients, including owners/developers, contractors, banks, design professionals and public entities on all aspects of construction law. During his career, Mr. Kearney has represented clients on construction projects and/or litigated construction cases in at least 18 different states involving differing site conditions, termination, equitable adjustments, surety law, mechanic's liens, claims for delay and inefficiency, design errors and omissions, construction defects, and all types of other contract disputes. Mr. Kearney has also been involved in some of the largest and most visible construction projects of the last decade in the Philadelphia/New Jersey area, including casinos, skyscrapers and sports stadiums. Nationally, he has assisted clients in projects involving the construction of a tunnel in Seattle, Washington; a ski resort in Vail, Colorado; and a break in a ten-foot-wide water main in Weston, Massachusetts, among others.
Mr. Kearney also has extensive experience with jury trials and jury research. In addition to obtaining a multimillion-dollar verdict following a four-week trial for a developer, he also led several mock jury trial exercises and worked side-by-side with jury consultants in order to develop effective trial themes and jury instructions.
He has also served as special construction counsel for certain bridge and transportation projects, and has assisted school districts complete major capital improvement projects. Mr. Kearney also counsels his clients on how to respond to day-to-day scope and payment disputes, notice provisions, minority participation requirements, licensing questions, bonding problems and other business issues.
Mr. Kearney devotes a substantial portion of his practice to litigating shareholder, partnership and other business disputes. In addition to his litigation practice, he counsels his clients on litigation avoidance practices, risk management, and project planning and management. Known as a problem solver, Mr. Kearney routinely helps his clients navigate through legal mine fields so they can focus on their business.
Mr. Kearney is a 2003 graduate of Rutgers School of Law-Camden and a cum laude graduate of Temple University. He is also an alumnus of the University of Virginia Law School, Trial Advocacy College.
•Duane Morris LLP, 2008-present
•Cohen, Seglias, Pallas, Greenhall & Furman, P.C., 2003-2008
Honors & Awards
•Listed in Super Lawyers, Rising Stars Edition, 2008, 2010-2015
•Co-author, Delay and Disruption Claims, Pennsylvania Construction Law: Getting Started, Getting Covered, Getting Paid, PBI Press, 2013
•Co-author, Public Construction in Pennsylvania, Pennsylvania Construction Law: Project Delivery Methods, PBI Press, 2012
•Co-author, Getting Paid on Private and Limited Public Contracts: Pennsylvania Contractor and Subcontractor Payment Act, Pennsylvania Construction Law: Getting Started, Getting Covered, Getting Paid, PBI Press, 2011
• Pennsylvania Provides Stiff Criteria for Classifying Employees and Independent Contractors, Duane Morris Alert, October 15, 2010
Selected Speaking Engagements
• Pennsylvania Construction Law: Project Delivery Methods, Execution & Completion, Pennsylvania Procurement Code/Public Construction in Pennsylvania, PBI, 2013
• Construction Lien Law and Payment in Pennsylvania: Getting Paid Through the Dispute Resolution Process, Lorman Education Services, 2011
• How to Handle Unexpected Material Escalations in your Contract, Building Contractors Association of South Jersey, 2008