Kenneth A Cushing

Practice Areas

Kenny Cushing has more than a decade of experience advising and litigating disputes involving many of the country’s largest linear infrastructure projects, such as pipeline, road, transmission, rail, and wind. Clients call on Kenny for his deep knowledge of the industry and his practical, efficient, and creative solutions to the challenges that often arise on the path to successful project completion. And when disputes occur, Kenny’s record of success as a trial attorney places him in the top-tier of construction counsel.

In addition to his linear infrastructure practice, Kenny counsels and represents project owners, developers, contractors, and design professionals in all phases of a wide range of public and private construction projects. Kenny represents Fortune 100 midstream and natural gas companies, heavy highway and civil contractors, general and specialty contractors, engineering, architectural, and design firms, real estate developers, golf and country clubs, retailers, homebuilders, universities, long-term care facilities, condominium associations, and other industry stakeholders. Kenny navigates clients through challenges in project management, litigation, arbitration, appeals, and bankruptcy, as well as bond claims, insurance claims, and mechanics’ lien claims. He also counsels clients through the contract negotiation and drafting process, and has drafted and negotiated construction and design services agreements for projects across the country. Kenny also maintains an active pro bono practice representing Veterans before the Board of Veterans Appeals and the U.S. Court of Appeals for Veterans Claims.

Career

Former clerk to The Honorable Federico A. Moreno in the U.S. District Court for the Southern District of Florida. (2017-2018).

Former intern to The Honorable Gene E.K. Pratter in the U.S. District Court for the Eastern District of Pennsylvania. (2013).

Professional Memberships

American Bar Association Forum on Construction Law

Publications

Third Circuit Rules on Pennsylvania Prompt Payment Act, Affirms Penalty Interest and Attorney’s Fees, May 10, 2024.

Pennsylvania’s Prompt Payment Act Applies to Mixed Use Construction, Aug. 12, 2021.

PA Appellate Court Strikes Down Project Labor Agreement for First Time—Saves Taxpayers Millions, Aug. 8, 2019.

30-Day Warning: Major Changes to Pennsylvania’s Contractor and Subcontractor Payment Act, Sept. 10, 2018.

Personal

Kenny lives near Philadelphia with his wife (Erin) and his three children (Maeve, Connor, and Keegan). Before attending law school, Kenny was a full-time college football coach.