Patrick R. Kingsley

Chair, Construction

pkingsley@stradley.com

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Patrick Kingsley

Overview

Patrick Kingsley has tried more than 40 cases involving diverse legal claims and fact patterns in several different forums across the country. As a trial lawyer, he has tried both jury and non-jury cases and has represented clients in arbitrations, mediations and hearings before administrative law judges and referees. He also serves as an adjunct professor at Rutgers University School of Law, instructing students on trial advocacy skills.

Patrick handles a wide variety of complex commercial disputes, focusing much of his practice on construction and surety litigation. He represents owners, contractors, subcontractors, design professionals, sureties and building product suppliers in construction disputes involving claims for delay, unforeseen site conditions, poor workmanship, defective materials, design errors, liquidated damages, mechanics’ liens, change orders, lost productivity, bid protests, warranty claims, performance bond claims, payment bond claims and indemnity claims.

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Results

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Representative Matters

  • succeeded in obtaining the dismissal of a performance bond claim on the grounds that the owner failed to afford the contractor the right to attempt to cure its alleged construction shortcomings
  • obtained the complete dismissal of a financial consultant from a $75 million RICO action
  • secured an $8.1 million award in favor of an insurer for retro-premiums past due
  • secured the dismissal of a surety from a multimillion dollar suit which assisted the principal in obtaining a $36 million verdict for wrongful discharge
  • obtained a $3.1 million judgment on an indemnity claim brought by a surety against its indemnitors
  • in a case of first impression in Pennsylvania, persuaded a court that a no-damage-for-delay provision necessarily defeated joinder claims against a contractor, a surety and an engineer
  • successfully tried and defeated a medical malpractice case involving allegedly improper therapeutic radiation 
  • defended claims related to a catastrophic accident at the Kingdom Center Project, the largest building ever built in Saudi Arabia
  • prevailed in an appeal before the U. S. Court of Appeals for the Third Circuit in a case involving an alleged breach of contract governing the sale of a printing business based in Puerto Rico 
  • convinced a federal court in New Jersey to reverse New Jersey law and hold that a surety cannot be liable under state law for the bad faith denial of a bond claim
  • obtained an award from an NASD panel on an unfair competition claim for the “raiding” of one broker-dealer’s office by another
  • obtained a jury verdict in favor of a general agent against a broker for the return of commissions relating to a canceled “key” employee policy
  • obtained a multimillion dollar award in favor of an insurer against its reinsurer as part of a multi-firm trial team
  • defended a fledgling industrial minerals supplier in a two-week long bet-the-company injunction trial involving claims of theft of industrial trade secrets brought by a competitor
  • defended dozens of unemployment compensation claims for a major utility company
  • defended local municipalities in police brutality and §1983 cases
  • defended a multimillion dollar claim for traumatic brain injury allegedly resulting from an automobile accident

Click here for a list of Patrick's published opinions.

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Credentials

Bar Admissions
  • New York
  • Pennsylvania
Court Admissions
  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. District Court for the Middle District of Pennsylvania
  • U.S. District Court for the Western District of Pennsylvania
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the District of Arizona
  • U.S. District Court for the Eastern District of Michigan
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • Pennsylvania Supreme Court
  • New York State Court of Appeals
Education
  • J.D., magna cum laude, University of Pittsburgh School of Law
  • B.A., magna cum laude, University of Pittsburgh
Memberships

  • American Bar Association, Tort Trial & Insurance Practice Section
  • Chair, DRI Fidelity Surety Law Expert Witness Subcommittee
  • Defense Research Institute, Medical Liability and Fidelity & Surety Committees
  • National Bond Claims Association
  • Philadelphia Surety Claims Association
  • Surety Claims Institute

Publications

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Speaking Engagements

  • Speaker, "Calculating Damages in a Construction Dispute," Forensic & Litigation Services Conference
  • Speaker, "Differing Site Conditions," PBI Seminar: Pennsylvania Construction Law
  • Panelist, "Performance Bonds and CGL Insurance in Construction Projects: Navigating Interplay Between Insurance and Surety," Strafford Webinar
  • Panelist, "Contruction Payment and Performance Bond Bad Faith Litigation: Bringing or Defending Claims Amid Differing State Standards," Strafford CLE Webinar
  • Presenter, "Bad Faith Claims Against Sureties," Private CLE
  • Speaker, "Inter-creditor and Forbearance Agreements," Surety Claims Institute Annual Meeting, Santa Ana Pueblo, New Mexico, June 2015
  • Presenter, "Key Bond and Contract Provisions," Stradley Ronon Continuing Legal Education, Philadelphia, Pennsylvania, June 2015
  • Presenter, "Key Contract and Bond Provisions in Pennsylvania," Lorman Education Services, Philadelphia, Pennsylvania, November 2014
  • Presenter, "Key Contract and Bond Provisions in Pennsylvania," Lorman Education Services, Philadelphia, Pennsylvania, November 2013
  • Speaker, "Bad Faith Claims Against Sureties, Which Arguments Work and Which Don’t," Philadelphia Surety Claims Association
  • Presenter, "Drafting a Dispute Resolution Clause," Stradley Ronon Continuing Legal Education, Philadelphia, Pennsylvania, June 2013
  • Speaker, "Differing Site Conditions," Pennsylvania Bar Institute Seminar: Pennsylvania Construction Law, June 2013
  • Speaker, "Payment and Performance Bonds in New Jersey," Continuing Legal Education
  • Presenter, "Subdivision Development Bonds," Continuing Legal Education, December 2012
  • Panelist, "Fundamentals of Construction Contracts: Understanding the Issues," Lorman Education Services, Philadelphia, Pennsylvania, December 2012
  • Speaker, "New Jersey and Delaware Surety Law," Continuing Legal Education, October 2012
  • Speaker, "Computer Fraud Coverage – Through the Lens of Recent Cases," DRI Roundtable
  • Speaker, "Construction Law from Contract to Closeout," Lorman Education Services, Philadelphia, Pennsylvania, February 2009
  • Presenter, "Which State's Law Controls These Policies?" BVR Legal Construction Superconference, Las Vegas, Nevada, November 2008
  • Speaker, "Construction Law from Contract to Closeout," Lorman Education Services, Valley Forge, Pennsylvania, February 2008
  • Speaker, "Construction Law from Contract to Closeout," Lorman Education Services, Valley Forge, Pennsylvania, February 2007
  • Speaker, "Warranties," Northeast Window and Door Association, Philadelphia, Pennsylvania, January 2005
  • Speaker, "Warranties," Construction Marketing Research Council, Washington, D.C., October 2004
  • Speaker, "Warranties," Construction Marketing Research Council, Philadelphia, Pennsylvania
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