Daniel E. Fierstein
- Philadelphia
- dfierstein@cohenseglias.com
- 267.238.4765
- Obtained a $10.2 million award for an electrical contractor in a dispute with the EPC contractor on a 2-on-1 combined cycle power plant. In doing so, he persuaded a panel of three arbitrators to issue the award despite the contract’s unfavorable defensive clauses such as “no-damages-for-delay,” strict notice, and signed partial releases. The award included payment for unpaid contract balance, extra work claims, and damages for delay, acceleration, and labor inefficiency.
- Obtained a six-figure award for a general contractor against a Pennsylvania municipality that included the complete denial of the municipality’s $600,000 counterclaim against the client for liquidated damages/delay and an award of $400,000 in the client’s favor for extra work for which the municipality sought to avoid paying.
- Obtained a $7.5 million settlement for an electrical contractor in a dispute with a solar power developer that had entered into power purchase agreements with several public school districts. Our client installed solar arrays on the school rooftops and submitted claims to the developer in the amount for unpaid contract balance, extra work, and delay damages. The developer asserted a counterclaim in the amount of $13 million for delay/liquidated damages. The settlement restored the client’s financial health and helped it vault into successful years ahead.
- Obtained a six-figure arbitration award for a general contractor against a project owner that included full defeat of the owner’s six-figure counterclaim and recovery of the client’s claim for contract balance, including interest, penalties, and nearly all of its attorneys’ fees for violations of Pennsylvania’s Contractor and Subcontractor Payment Act.
Dan is a construction lawyer to his core, representing industry members throughout the country, including owners/developers, general contractors/construction managers, trade subcontractors, and everyone in between. Dan helps his construction clients navigate their day-to-day issues. He does so with sensitivity to cost, resources, and the reality that suing a long-time customer is a last resort; not a first one. When cases require legal action, he is a zealous advocate, devoted to achieving results that support his clients’ goals.
Dan prosecutes and defends major construction disputes in state and federal court, before arbitrators, and in non-binding forums like mediation. Dan’s clients call upon him to resolve payment disputes, scope of work/change order disputes, delay/acceleration/inefficiency claims, mechanics’ liens, and payment and performance bond claims. Along the way, he has handled cases and projects in jurisdictions including Pennsylvania, New Jersey, New York, Delaware, Maryland, Washington, DC, Massachusetts, Illinois, Indiana, Michigan, and Iowa.
Dan is active in the construction community, counseling and educating construction trade association members and presenting construction law seminars. He also writes about topical legal developments in the industry.
- Boston University School of Law, J.D.
- Emory University, B.A., Phi Beta Kappa
- Pennsylvania
- New Jersey
- U.S. District Court, Eastern District of Pennsylvania
- American Bar Association (ABA) – Forum on Construction Law
- American Arbitration Association and International Centre for Dispute Resolution (AAA-ICDR) – Innovation & Technology Advisory Panel
- Mechanical & Service Contractors Association of Eastern Pennsylvania (M&SCA)
- National Electrical Contractors Association – Penn-Del-Jersey Chapter
Past Events
Webinar
Webinar
