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Shawn R. Farrell

Partner   |   Philadelphia, Newark, New York
Partner   |   Philadelphia, Newark, New York

For more than 20 years, Shawn has represented general contractors, construction managers, owners/developers, subcontractors, design builders, engineers, developers, and sureties in construction related litigation. This diverse experience includes all aspects of construction law, contractual disputes, lien law, bond claims, bid disputes, litigation and dispute resolution.

His depth of experience includes having litigated numerous complex construction matters in federal court, state court, mediation and arbitration. These matters include heavy highway, bridges, dams, power plants, water treatment plants, pharmaceutical, high rises, and school construction projects; with a variety of different delivery methods including design-bid-build, design-build, CM-at-Risk, and other more traditional methods for both public and private projects.

Shawn routinely counsels his clients on all aspects of planning, initiating and completing construction related projects, including employment law and union matters. He has litigated state and federal actions (including several federal jury trials) regarding wrongful discharge, race discrimination, gender discrimination, sexual harassment and related tort claims.

Shawn is a member of the firm’s Board of Directors. He regularly shares his experience with numerous clients and trade organizations on topics such as mechanics' liens, surety law, proving and pricing construction claims, and alternative dispute resolution in the construction industry. He has obtained many multi-million dollar verdicts and settlements, some of which are referenced within the Representative Experience tab.

Associations

Experience

Acceleration/Delay/Inefficiency Claims

  • Obtained a $10.2 million dollar verdict for electrical contractor in a dispute with an EPC contractor on a gas-fired combined cycle power plant, governed by New York law whereby he had to successfully avoided the exculpating clauses within the contract, like the “no damage for delay” clause and for our client.
  • Obtained $1.5 million dollar settlement for a site contractor delayed on a New York City School Construction project.
  • Obtained $1.7 million dollar verdict for HVAC contractor against general contractor’s surety, concerning a New York City School Construction Project.
  • Obtained a $1.4 million verdict for an electrical contractor, utilizing the Eichleay formula as the measure of damages for unabsorbed overhead damages, because of delay on a school construction project in Prince Georges County Maryland.
  • Obtained $1.3 million dollar verdict for electrical prime contractor on new school construction project in Allentown Pennsylvania.
  • Obtained six figure settlement for a heavy civil subcontractors against the New York City Department of Design and Construction (DDC) concerning extended field conditions that arose out of a delay.
  • Obtained a $1.2 million dollar settlement for general contractor on bridge replacement project with New Jersey Department of Transportation.
  • Obtained a $1.2 million dollar settlement for general contractor on well improvement and pump station project with the City of Orange, New Jersey.
  • Obtained a $800,000 dollar settlement for general contractor on a pier reconstruction/walkway and soccer field project with the City of Hoboken, New Jersey.

Excessive Work Scope changes

  • Obtained six figure recovery for site contractor for unforeseen site conditions arising out of a discrepancy between the geotechnical report provided and actual conditions, on a project located in Luzerne County Pennsylvania.

Bonding Issues

  • Obtained a $1.7 million dollar summary judgment verdict against a surety for violation of the New York General Municipal Law §106(b)(2), concerning a project with the New York City School Construction Authority.

Termination for Convenience/Termination for Cause

  • Obtained a defense verdict for a prime contractor on a dam project in Sussex County New Jersey, concerning a termination for convenience versus termination for cause, avoiding claims by the owner in excess of $1 million dollars for completion COSTs.

Differing Site Conditions and Changed Conditions

  • Obtained a $1.2 million dollar settlement for site contractor on a large Fed X warehouse project in Scranton Pennsylvania, based on the legal obligations of the owner under a Differing Site Conditions Clause.

Late Project Completion

  • Obtained a defense verdict for a general contractor on a waste water treatment plant, where the subcontractor sought in excess of $1 million dollars for contract balances and alleged improper assessment of liquidated damages.

Exculpatory Clauses

  • Successfully argued before former Supreme Court Justice David Souter, sitting on United States Court of Appeals for the First Circuit, regarding the enforceability of exculpatory clause in a contract and ultimately obtained a judgment of $1.6 million dollars.
Events

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Awards
  • Martindale-Hubbell AV® Preeminent™ Peer Review Rated
  • Pennsylvania Super Lawyers List, Construction Litigation: 2013 - 2018
  • New Jersey Super Lawyers List, Construction Litigation: 2013, 2014, 2018
  • Super Lawyers' Pennsylvania Rising Stars List, Construction Litigation: 2005 - 2008
  • American Lawyer Media and Martindale-Hubbell Top Rated Lawyer in Labor & Employment, 2013
Webinars

Areas of Practice

Construction
Labor & Employment

Education

Villanova University School of Law, J.D.
George Washington University, B.A.

Bar Admissions

Pennsylvania
New Jersey
New York