Photo of Kathleen M. Morley

Kathleen M. Morley is an Associate in the Firm's Construction Group. Kathleen concentrates her practice in construction litigation, assisting construction industry clients with a broad range of matters including contract disputes, bid protests, injunctions, mechanics’ liens and bond claims in state and federal courts as well as in alternate dispute resolution proceedings. Clients turn to her for counsel on issues relating to contract negotiation, enforcement, breach, and termination, as well as changes, defects, delays, inefficiencies, and claims in connection with both public and private projects. Kathleen counsels clients through all phases of construction projects in an effort to minimize disputes and preserve clients’ rights.

A New York appellate court issued a decision in 2016 that serves as an important reminder to all tiers of the construction industry: courts take the notice provisions in your construction contracts very seriously. In the Schindler Elevator Corp. v. Tully Const. Co., Inc. case, the Appellate Division dismissed a subcontractor’s claim in its entirety because emails and letters that the subcontractor provided to the prime contractor did not comply with the strict notice provision in the prime contract.
Continue Reading

In the construction industry, mediation has become an extremely popular vehicle for resolving disputes that develop during and after projects. It is particularly appealing because (i) it can provide an early opportunity for the parties to resolve a case in lieu of more protracted and expensive litigation and (ii) if the case does not resolve,

By: Tony Byler and Kathleen Morley

Mechanics’ lien claims are powerful tools for contractors and suppliers who are owed payment for work or materials. To be enforceable, the contractor or supplier (“Contractor”) must file a lien claim within six months of completing its work. Recently, in Neelu Enterprises, Inc. d/b/a KB Builders v. Ashok Agarwal

By: Jason A. Copley and Kathleen M. Morely

Contractors and subcontractors, and really any business associated with construction, should be pleased with a new law that just took effect in Pennsylvania. In cases where there is more than one defendant, a plaintiff can only recover from each defendant the proportionate value of each defendant’s liability.