What’s New?

2018 was a great year for the firm. In addition to growth across all of our offices, we celebrated our 30th anniversary with a series of charitable events, giving back to our local communities. As the new year kicks off, we are excited to announce a new practice area: Construction Contracts & Risk Management. You can learn more about it on page 4. We are also proud to announce Bob Ruggieri’s promotion to partner. You can learn more about his practice and time at Cohen Seglias in the Q&A on page 2. Please also welcome our new associate editor, Christopher Sexton! Enjoy this special anniversary issue of Construction in Brief!

Ashling Ehrhardt, Co-Editor-in-Chief
Allie Hallmark, Co-Editor-in-Chief
Christopher Sexton, Associate Editor

Congratulations to Robert G. Ruggieri!

We are pleased to announce that Bob Ruggieri was promoted to Partner in the Government Contracting Group, effective January 1st. Bob focuses his practice in the areas of government contracts, procurement, and construction. His clients, which include prime contractors, subcontractors, and suppliers, routinely seek his advice in a variety of federal contracting matters. Bob has enjoyed success for clients prosecuting and defending bid protests at the Government Accountability Office and the United States Court of Federal Claims. Similarly, Bob has successfully litigated contract disputes throughout the country in federal and state forums.

E-Newsletter

We are transitioning Construction in Brief to an electronic newsletter. Look out for our email version going forward. You can also subscribe on our website.

New Faces

In 2018, the firm saw a great deal of expansion. Please join us in welcoming our new hires in Philadelphia, Newark, and New York.

Richard J. Fusco is a Construction Associate in our New York office, where he focuses his practice in construction litigation. He assists contractors, subcontractors, and other clients with research and preparation of court documents. Before joining Cohen Seglias, Rich was a judicial intern in the Southern District of New York for the Honorable Paul A. Crotty and the Honorable Stewart D. Aaron.

Emily M. Martin joined the Philadelphia office as an Associate in the Construction Group. She concentrates her practice in construction litigation in both state and federal courts, as well as in alternative dispute resolution settings. Before joining the firm, Emily was a litigator at a boutique litigation firm in Miami where she represented clients in construction-related matters. Most recently, Emily was a litigator with a national insurance defense firm in Philadelphia where she represented insurance corporations in construction defect matters.

Whitney Patience O’Reilly is an Associate in our Business Transactions group in Philadelphia. She provides business counseling for clients across a wide array of industries. Clients rely on Whitney for advice on corporate matters, including the purchase and sale of businesses and entity formation, and she regularly drafts governance documents. Whitney also has experience in business succession planning, and creating estate planning documents and administering trusts and estates. In addition, she represents clients in a variety of real estate matters.

Sydney Pierce joined the firm as a Construction Associate in the Philadelphia office after working as a summer associate with us last year. She concentrates her practice in construction litigation, assisting contractors, subcontractors, and other parties with research and preparation of court filings on a variety of construction-related issues. Prior to joining Cohen Seglias, Sydney completed an internship with Community Legal Services of Philadelphia, focusing on consumer protection efforts related to property tax foreclosure.

Martin L. Seidman joined the Philadelphia office as a Senior Analyst for special projects, including payroll audits, wage and hour matters, and valuation and documentation of financial components of construction-related claims. He has over 35 years of experience in union relations, collective bargaining agreement negotiations, multi-employer pension and welfare benefit plans, self-insured health benefit plan administration, and 401(k) retirement plans. Previously, Marty was the Treasurer and CFO of a mid-size, multi-state, privately owned manufacturer of sheet metal products for residential construction.

Christopher W. Sexton is a Construction Associate in our Philadelphia office. He represents owners, contractors, and subcontractors on both public and private projects in a wide variety of construction matters, including those involving negligence, breach of contract, breach of warranty, Consumer Fraud Act claims, and other complex litigation. Chris also analyzes construction bids, AIA construction contracts, and change orders. Prior to joining Cohen Seglias, Chris was a construction and procurement associate at a prominent New Jersey law firm.

Alexander F. Spilberg joined the firm as a Construction Associate in our New Jersey office. He represents and advises general contractors, subcontractors, design professionals, and construction managers in complex commercial and construction matters. Before joining Cohen Seglias, Alex served as associate general counsel for Skidmore, Owings & Merrill LLP, a leading, international architecture and engineering firm. This experience provides him with a unique approach to addressing construction and design related issues, communicating with his clients, negotiating, and resolving disputes as efficiently as possible.

We Moved! 

Please update your records for our Wilmington, DE and Exton, PA offices.

Wilmington, DE
500 Delaware Avenue
Suite 730
Wilmington, DE 19801

P: 302.425.5089
F: 302.425.5097

Exton, PA
585 Exton Commons
Exton, PA 19341

P: 610.363.8400
F: 215.564.3066

Q&A with Robert G. Ruggieri

Our newsletter team recently sat down with new Partner Bob Ruggieri.

Q: Tell us a little about your practice and the services you provide your clients. 

A: I represent and provide counsel to federal government contractors, with a specific focus on those in the construction, dredging, and environmental remediation industries. In sum, I assist clients through the life cycle of a government contract. This includes guiding contractors through business formation and entering the federal contracting arena, drafting teaming and joint venture agreements, litigating bid protests, negotiating contract modifications, and preparing and pursuing Requests for Equitable Adjustments and Claims.

Q: How did you get started in your career and what first drew you to Cohen Seglias?

A: After law school, I had the opportunity to clerk for a trial court judge and observe many trials, including construction trials. I always found them the most interesting — learning about the process, problems, and resolution of issues that can arise on construction projects and what is necessary to overcome those problems and get the project completed. One trial included attorneys from Cohen Seglias. I was so impressed by their command of not only the law, but also their grasp of construction —  reading plans and drawings, understanding construction schedules, and having an in-depth knowledge of the various trades that work on construction projects and how they work together to complete amazing structures, from high rises to schools, tunnels, and ports. I knew that when I began my practice I wanted to be part of that process. When my clerkship was ending, Cohen Seglias was at the top of my list of firms I wanted to join.

Q: What made you stay and grow here? What is it that you like about the firm?

A: This is an easy question to answer — my colleagues and my clients. I have been fortunate to work with and for some wonderful, hard-working, intelligent, and dedicated people and companies. These are clients who you do not mind waking up for in the middle of the night fretting over their cases, or putting in extra time over a weekend — because you truly have become invested in them, and want to help. I have also had the

opportunity to learn from and work with excellent and selfless attorneys who have contributed to my development, especially in my early years. One in particular, Michael Payne, the Chair of our Government Contracting Group, took me under his wing. He became a mentor, and I am grateful for his guidance.

Q: What do you enjoy most about your practice? 

A: It comes down to solving problems, or even better, helping clients avoid them. That’s really what is at the heart of practicing law. Because of our training, background, and experience, attorneys are in the unique position of being able to anticipate and avoid potential problems or resolve problems that arise. Our goal is to do so in an efficient and cost-effective manner that provides positive results for our clients, whether it be the award of a contract they deserve or compensation for work performed. Also, it is extremely satisfying seeing a construction project be completed after having played even a small part in assisting the parties to get over hurdles and obstacles along the way.

30 Years at a Glance

On August 31, 2018, Cohen Seglias celebrated a milestone, our 30th anniversary. I think back to 1988 when John Greenhall and I, fresh from a triumphant jury verdict in Montgomery County, Pennsylvania, moved into our first office, a 5000 square foot layout across from City Hall in Philadelphia. As I sat on the floor outside the phone closet (yes, there were phone closets in those days) talking to clients on our only working phone, I would not have guessed that three decades later the firm would have nine offices, close to 70 lawyers, and a global clientele with a myriad of legal needs.

As you may know, every five years I write a letter about the growth of Cohen Seglias and our horizons ahead. I enjoy reflecting on the firm as I write these letters, and I detailed the history of Cohen Seglias in my previous note, 25 Years at a Glance, available on our website. As I write this year’s letter, I am again amazed by the increased sophistication of the firm, the complexity of the matters we handle, and the impressive team of legal talent we have put together. I give credit to our managing partner, George Pallas, and our COO, Kathleen Garrity, for their leadership and astute ability to raise the Cohen Seglias brand and its values, across our nine offices and throughout the country and the world.

Cohen Seglias is no longer a local Philadelphia firm or even a regional firm serving Pennsylvania, New Jersey, and Delaware. In the past five years, we have seen the most growth in New York, Washington, DC, the Midwest, and the South. Under the management of Carol Sigmond, George Pallas, Shawn Farrell, Mike McKenna, and Jason Copley, our New York office has seen meteoric growth in terms of market share. Paul Thaler and Ed Seglias have created a vibrant seven-person team in Washington, DC. John Greenhall, Lane Kelman, Tony Byler, Lori Azzara, Lisa Wampler, and I have greatly expanded our presence in Kentucky, West Virginia, Tennessee, Indiana, Ohio, Michigan, and Illinois. But we are not limited to even these locations, as we regularly leverage the meeting capabilities of technology, and no longer require a physical office in every outpost in which we work.

In 1998, when Ed Seglias and George Pallas became partners, we streamlined our practices to better support the construction industry. We have since continued our strategic growth of the firm, and have seen our attorneys work on some of the highest profile cases in the country. From cutting-edge disputes involving robots created for manufacturing plants around the country to high-stakes transactions and litigation regarding contracting, regulatory affairs, construction and much more, we have been engaged in legal work including:

With many highly recognized construction trial lawyers throughout the country, Cohen Seglias is undoubtedly known for its skill and success in this area of law. Yet, the firm is far more than just a construction firm. Our Government Contracting Group, led by Michael Payne, has now grown to eight lawyers and regularly tries cases not only throughout the country, but also in the Middle East. Moreover, our Business Transactions Group, led by Marian Kornilowicz, is involved in mergers and acquisitions, business succession planning, and real estate development all over the country. The firm’s Labor & Employment Group, headed by Marc Furman and Jon Landesman, continues to grow and is a resource for all of our clients who face employee and organized labor issues. We have also moved into the areas of Internal Investigations, Scientific Misconduct, and Title IX under the leadership of Paul Thaler and Chris Carusone. In addition, we provide counsel in more practice areas including commercial, energy, financial services, government law, green building, and insurance. All this from a three-person firm formed 30 years ago!

We know, and always have known, that our very best asset is our staff, which has enabled us to grow. With much gratitude, I recognize that our staff is far more than a group of talented individuals; we know that our strength is greater than the sum of our parts, and we appreciate the importance of keeping a solid team together. In fact, the firm’s senior leadership has remained intact for more than 20 years. With an eye to the future, I commend our associates and junior partners, who provide the same degree of excellence the firm has been known for these past 30 years.

In addition to our staff’s legal work, I am proud that as a group we value the importance of supporting the communities in which we live and work, and the trade associations that support our industry. In commemoration of our 30th anniversary, we have continued our support for Habitat for Humanity, the American Heart Association, the American Cancer Society, and many local charities, and we have forged new relationships with organizations including the Greater Pittsburgh Community Food Bank, Philabundance, and the Salvation Army Harrisburg Capital City Region.

The thread running through all of these accolades, and of which I feel most proud, is our culture, as we have created a family feeling that runs through the core of the firm. Four years ago in September, we lost our beloved administrative assistant of more than 20 years, Madeline (Maddie) Hayes, to cancer. Our firm continues to honor Maddie’s memory in many ways, including fundraising events for the American Cancer Society. On a happier note, we are pleased to see our family grow, with sons and daughters of various partners joining the firm. Olivia Paris-Kornilowicz, Marian’s daughter, works in our Marketing Department, and Max Copley, Jason’s son, worked at the firm over the summer. The infusion of the second generation of Cohen Seglias only underscores the strength of the organization and highlights the bright future ahead.

It’s been an incredible 30 years. Thank you for being a part of Cohen Seglias and our history. We have exciting times ahead, and I will check back with you in five years.

Announcing New Practice Group: Construction Contracts & Risk Management

Construction Contracts & Risk Management Group

In 2018, laws concerning construction contracts and projects changed in many states. For example, Pennsylvania modified its Contractor and Subcontractor Payment Act, changing notice requirements and limiting the ability of one party to require the waiving of the other party’s rights under the Act. A court in Ohio ruled that the faulty workmanship of a subcontractor is not covered by the general contractor’s CGL policy. Meanwhile, a federal court has read a bonding requirement into a construction contract even though the agreement did not require a bond to be posted. And, Maryland enacted the General Contractor Liability for Unpaid Wages Act, making general contractors jointly and severally liable for any subcontractor’s failure to comply with the State’s existing wage and hour law.

These changes in the law must be read in conjunction with other events taking place in the construction industry: BIM, P3 projects, and “design assist” contracts are becoming more prevalent; the popular 2007 AIA construction contracts are no longer available for use; the construction labor market is undergoing a never-before-seen shortage; and trade disputes have led to an escalation in the prices of steel and other materials.

To help our clients face these changes, Cohen Seglias has created a new area of concentration: the Construction Contracts & Risk Management Group. Headed by partners John Greenhall, Lisa Wampler, and Jonathan Cass, this new group will assist our clients in addressing contract negotiations, contract drafting, and day-to-day project questions, as well as insurance coverage and indemnification issues. With our extensive experience in representing developers, contractors, subcontractors, suppliers, governmental owners, design professionals, and sureties, we can analyze construction project issues from multiple viewpoints and 
arrive at a successful business outcome for your company.

If your contract forms have not been reviewed and updated in the past three months, you may be exposing your company to unnecessary risk. We can help protect your company and create a customized contract, and form a program that will serve your needs and allocate the risks of construction to those that should bear that risk. Please do not wait — you need to address the changed legal landscape now.

30th Anniversary – Year of Service

2018 marked Cohen Seglias’ 30th anniversary. To commemorate the year, we hosted a series of events benefitting local charities in a number of our cities. The firm has a longstanding tradition of civic involvement and we were proud to celebrate our anniversary by giving back to the communities that have helped us grow into the firm we are today. Here are some highlights of our charitable activities across the firm from last year.

“One of my goals as managing partner was to involve attorneys and staff in the operations of the firm. Half of our attorneys are now active on committees dealing with the day-to-day running of the firm, and it is exciting to see how their increased sense of commitment translates into enhanced client service. In 2018 we celebrated our 30th anniversary. It was a year of growth, both in our number of employees and in the range of services we provide. We celebrated this milestone by volunteering with various organizations giving back to our local communities. We look forward to building on these new relationships and to continuing our involvement with several of these organizations. There will be many opportunities for friends of the firm to join us for the Heart Walk, Habitat build days, and other 30th Anniversary Celebration at FNB Field in Harrisburg, PA benefitting The Salvation Army Harrisburg Capital City Region.”

George Pallas is Managing Partner of Cohen Seglias and a Partner in the Construction Group

Cohen Seglias’ volunteer team from Philadelphia and New York returned to Habitat for Humanity Philadelphia‘s Diamond Park housing development for two build days last year.

In Pittsburgh, we celebrated not just the firm’s 30th anniversary, but also the office’s 15th anniversary! The event benefitted the Greater Pittsburgh Community Food Bank and their mission to increase access to nutritious food and fostering long-term stability for neighbors in need.

For the third year in a row, Cohen Seglias supported the American Heart Association’s mission of building healthier lives free of cardiovascular diseases and stroke and participated in the Philadelphia Heart Walk. Attorneys, staff, and family and friends of the firm braved the storm and joined our team at Citizens Bank Park.

Cohen Seglias’ first Habitat for Humanity of Washington, DC Build Day. This build day followed our 30th anniversary celebration in DC where the firm, our clients, and ABC of Metro DC members supported the good work of DC Habitat.

For the holidays, the firm always supports various children’s charities, including the Support Center for Child Advocates, Toys for Tots, and the Allegheny County Department of Human Services Holiday Project,  with monetary donations and toy drives. For our 30th anniversary, we also supported Philabundance, the Delaware Valley’s largest hunger relief organization.  Cohen Seglias attorneys, staff, and friends collected over 240 lbs. of food donations and the firm made a contribution to Philabundance to help drive hunger from our communities.

Our Wilmington office is active with the Mental Health Association in Delaware and our Wilmington office Managing Partner, Cheryl Santaniello, sits on the board.
In 2018, Cheryl participated in the firm sponsored E-Racing the Blues for Mental Health Walk in Glasgow, DE.

In 2018, Cohen Seglias’ DC office became involved with the Humane Rescue Alliance, an organization that protects animals, supports families, and advocates for positive change to create a world where all animals can thrive. In addition to sponsoring various events, our DC office participated in the Walk for the Animals.