Insight Center: Webinars

Winning Formula for Construction Litigation - Lessons Learned from a Recent Trial Win

Speakers: Richard W. Foltz Jr., Bruce W. Ficken, Joseph T. Imperiale and Austin Meehan


Most construction contracts for major projects have arbitration provisions or jury trial waivers. As a result, construction litigators do not often get to present high-value complex cases to juries. Pepper’s Construction Law Practice Group recently completed a four-week jury trial for Utility Line Services arising out of claims and counterclaims relating to the construction of a natural gas gathering pipeline and associated facilities serving the Marcellus Shale play.

The trial included payment disputes, delay claims, scheduling issues, accounting issues and environmental claims.

The result was a $23 million verdict and a finding of bad faith under the Pennsylvania Contractor and Subcontractor Payment Act for the plaintiff and zero verdict on the defendant’s $21 million counterclaim.

A large part of the successful result was simplifying complex facts for presentation to the jury and formulating and staying on a clear message.

If you are in the construction industry, you will want to join us for this webinar featuring the lawyers who tried the case, who will provide key insights into the winning formula that led to the largest verdict in Pennsylvania history for bad-faith payment withholding under the Pennsylvania Contractor and Subcontractor Payment Act.

As an added bonus, the president of Utility Line Services, who testified at length and observed the entire trial from a client’s perspective, will provide insights and reactions to the day-to-day ups and downs of a hotly contested jury trial.

The webinar will also feature perspectives on what can be done during project execution to minimize risk and maximize the chances of success where the parties' contract provides for a jury trial for dispute resolution.

Webinar Documents

Post-Event Document (.wmv)
Post-Event Document (.pdf)