Gregory J. Kelley

Practice Details

• Firm Information
  Position

  Shareholder

  Firm Name

  Marshall Dennehey
• Representative Cases & Transactions
  Cases

  Significant Representative Matters: Mediated a favorable settlement of less than $1M for an Architectural firm in a high rise to condominium conversion project wherein the Owner claimed damages in excess of $4.5M for delays
  cost increases caused by Architect errors & omissions
  negligent construction administration. The result was obtained at mediation in part due to use of document management
  search technology through which it was argued that the results showed that Owner had intentionally withheld or destroyed some pertinent documents that were likely favorable to Architect
  went against Owner's credibility.
  Mediated a favorable settlement for a large Architectural firm that involved construction of an addition to a county prison. The County claimed $4.6M in damages for delays
  cost increases, mostly due to negligent construction administration. The Architectural firm had formed a joint venture. Negotiations resulted in a $2M settlement, to which our client only contributed $300K as we were able to show that the substantial majority of the damages claimed pertained to the scope of activities performed by the joint venture partner.
  Successfully obtained summary judgment dismissal of an architect on the Statute of Repose in a deck collapse/personal injury action where the settlement dem
  was $2.5 million.
  Mediated a favorable settlement for an engineering firm in litigation that involved construction defect
  delay claims in multiple projects for a chain store owner. Owner's dem
  against the contractor
  three design professionals was $10, million. After two days of mediation, the case settled for an amount well in excess of $2 million, but our client contributed only $170,000.
  Mediated a favorable settlement for an architect in a design error/construction delay/ab
  onment claim wherein a $1.3 million claim was resolved for $400,000 without litigation
  without discovery expenses being incurred.
  Obtained a voluntary dismissal of an engineer in a catastrophic personal injury (quadriplegia) construction accident litigation in Philadelphia which has an exposure in excess of $15 million.
  Obtained dismissal of a township engineer in a double fatality construction accident litigation wherein two workers died while installing new sewer lines in a residential development. Township engineer was joined on theory that it was responsible for design
  oversight of construction of the excavated areas occupied by the workers when they were asphyxiated.
  Published Works: Stating a Claim for Negligent Misrepresentation for a Design Professional's Supply of Information, Defense Digest, Vol. 22, No. 2. June 2016
  Case Law Alerts , Regular Contributor, 2010-present
  The Federal Courts Require Complaints To State A Factually 'Plausible' Claim, And Factually 'Conceivable' (Speculative) Claims May Be Dismissed In The Pleadings Stage, Defense Digest, Vol. 14, No. 1, March 2008
  New Jersey: Parental Immunity For 'Negligent' Failure To Supervise Claim Calls For Case-By-Case Analysis Of Defense Strategy, Liability Evaluation And Coverage Determinations, Defense Digest, Vol. 12, No. 1, March 2006