Kenneth I. Levin

Kenneth I. Levin is a partner in the Philadelphia office of Pepper Hamilton LLP. He has practiced construction law since 1974, representing contractors and owners in all segments of the industry on public and private work. Mr. Levin has tried construction cases in federal and state courts and before the Armed Services Board of Contract Appeals and the Pennsylvania Board of Claims. He also has presented cases in arbitration, mediation and mini trials.

Some of the matters which Mr. Levin has handled include representing:

• an electric utility in the prosecution of claims against an independent power producer for overcharges for electricity under a long-term power purchase agreement (Gloucester County, NJ)
• an electric utility in the defense of claims for cost overruns and extra work by the prime contractor for electrical and control systems on a power plant turnaround project (Sussex County, DE)
• power generators in providing contracting advice and in resolving delay and other performance issues pertaining to the construction of combined-cycle power-generation facilities (DE and PA)
• an O&M contractor for a co-generation plant in the prosecution of claims against a generator rewind subcontractor for damages resulting from an explosion occurring during restart (Burney, CA)
• an municipal utility in the defense of claims for delay and disruption by a power piping contractor for a new power plant (Grand Island, NE)
• a joint venture of petroleum producers in defense of differing site condition and force majeure claims arising from a heavy-crude upgrader project (Puerto La Cruz, Venezuela)
• a general contractor for construction of new casino in resolving issues caused by financial difficulties of original developer, including perfecting lien rights, advising on contract suspension and subcontract issues, and assisting in negotiation of agreements for takeover by new developer (Pittsburgh, PA)
• the prime contractor for general construction of a wheeled-vehicle facility in the prosecution of a claim for termination of a masonry subcontractor (Edgewood Arsenal, MD)
• an electrical contractor in the prosecution of claims for extra work and disruption in the construction of substations for a light rail transit system (Allegheny County, PA)
• an HVAC contractor on various claims pertaining to the construction of chemical and biological laboratories (Edgewater Arsenal, MD and Dover, DE)
• a manufacturer of pre-cast concrete cells in a convenience termination claim on a state correctional institution project (Camp Hill, PA)
• a manufacturer of glass-fiber-reinforced concrete panels in the defense of claims pertaining to the deterioration of a building façade (Austin, TX)
• an electrical contractor in the prosecution of claims relating to delay and disruption on various state and county correctional institution projects (Newark, NJ, Monmouth County, NJ)
• HVAC and electrical contractors in the prosecution and defense of claims relating to school construction projects (various locations in PA and NJ)
• an energy services contractor in defense of claims under guaranteed energy services contracts (Upper Merion, PA, Egg Harbor Township, NJ and Gloucester County, NJ)
• a general construction contractor in the prosecution of differing site conditions and delay claims pertaining to expansion of wastewater treatment facility (Lancaster, PA)
• a general construction contractor in the prosecution of claims for differing site conditions and delay in the construction of a new airport terminal building (Harrisburg, PA)
• a general construction contractor in the prosecution of claims and defenses based upon unforeseen subsurface conditions in connection with the construction of an airport freight processing and warehouse facility (JFK Airport, NY)
• an environmental remediation contractor in the prosecution of claims for differing site conditions pertaining to remediation of a Superfund site (Kearny, NJ)
• a manufacturer of industrial ceramic tubing in the defense of claims relating to the performance of heat exchangers at oriented strand board manufacturing facilities (Mt. Hope, WV and Brookneal, VA).

Mr. Levin is past co-chair of the Advocacy Subcommittee of the Construction Litigation Committee of the American Bar Association. He is past Pennsylvania chair of the American Bar Association’s Section of Public Contract Law, and past vice-chair of its State and Local Contract Enforcement Committee. He also serves as an arbitrator for the American Arbitration Association.

Mr. Levin has lectured before industry and professional organizations, including the Associated Pennsylvania Constructors, the Associated Builders and Contractors, the American Society of Civil Engineers and the American Bar Association’s Forum Committee on the Construction Industry, as well as at the Construction Litigation Superconference and Mealeys Conferences. He is co-editor of the text Construction Litigation, published by Practising Law Institute, and has authored chapters for many other texts, including the original and revised editions of Construction Litigation: Representing the Owner, published by Wiley Law Publications.

Education
A.B. 1970 Cornell University
J.D. 1974, magna cum laude, Villanova University School of Law; Editor, Villanova Law Review

Bar Admissions
Admitted to practice in Pennsylvania