Shawn R. Farrell

Practice Areas

Construction

Career

Construction owners, developers, general contractors, project managers, subcontractors, engineers and sureties look to Shawn for decisive legal guidance on all aspects of construction law and counsel on contracts for construction projects including: design-bid-build, design-build, CM-at-Risk, and other more traditional methods for both public and private projects. These services include litigating disputes (including all types of delay and disruption claims); negotiating contracts; filing liens and bond claims; and prosecuting public bid protests. His clients describe him as “an outstanding litigator” and “an excellent construction lawyer” (Chambers USA) and depend on his decades of his experience to help accomplish their business objectives, manage risk and resolve disputes.

Shawn is also an accomplished trial attorney; winning numerous complex construction matters in federal court, state court, mediation, and arbitration. These matters include both vertical and horizontal construction such as: heavy highway, bridges, dams, power plants, water treatment plants, pharmaceutical, high rises, and school construction projects. Shawn’s approach to solving problems for clients involves bringing practical business solutions to avoid or quickly resolve disputes. When faced with unavoidable litigation, he zealously represents his clients during all stages of the litigation.

Shawn takes an active role in the construction community by acting as the general counsel to the National Utility Contractors Association (NUCA) – New Jersey and as special counsel to the Utility & Transportation Contractors Association (UTCA) – New Jersey. Similarly, construction businesses also turn to Shawn for guidance on corporate governance, asking him to serve on their advisory boards. He regularly shares his experience with clients and trade organizations on topics such as mechanics’ liens, surety law, proving and pricing construction claims, and alternative dispute resolution in the construction industry.

Work Highlights

Recent matters in which Shawn has acted as lead counsel include:

Acceleration/Delay/Inefficiency Claims

Obtained a $10.2 million dollar verdict for electrical contractor in a dispute with an EPC contractor on a gas-fired combined cycle power plant, governed by New York law whereby he had to successfully avoided the exculpating clauses within the contract, like the “no damage for delay” clause and for our client.

Obtained $1.5 million dollar settlement for a site contractor delayed on a New York City School Construction project.

Obtained $1.7 million dollar verdict for HVAC contractor against general contractor’s surety, concerning a New York City School Construction Project.

Obtained a $1.4 million verdict for an electrical contractor, utilizing the Eichleay formula as the measure of damages for unabsorbed overhead damages, because of delay on a school construction project in Prince Georges County Maryland.

Obtained $1.3 million dollar verdict for electrical prime contractor on new school construction project in Allentown Pennsylvania.

Obtained six figure settlement for a heavy civil subcontractors against the New York City Department of Design and Construction (DDC) concerning extended field conditions that arose out of a delay.

Obtained a $1.2 million dollar settlement for general contractor on bridge replacement project with New Jersey Department of Transportation.

Obtained a $1.2 million dollar settlement for general contractor on well improvement and pump station project with the City of Orange, New Jersey.

Obtained a $800,000 dollar settlement for general contractor on a pier reconstruction/walkway and soccer field project with the City of Hoboken, New Jersey.

Excessive Work Scope Changes

Obtained six figure recovery for site contractor for unforeseen site conditions arising out of a discrepancy between the geotechnical report provided and actual conditions, on a project located in Luzerne County Pennsylvania.

Bonding Issues

Obtained a $1.7 million dollar summary judgment verdict against a surety for violation of the New York General Municipal Law §106(b)(2), concerning a project with the New York City School Construction Authority.

Termination for Convenience/Termination for Cause

Obtained a defense verdict for a prime contractor on a dam project in Sussex County New Jersey, concerning a termination for convenience versus termination for cause, avoiding claims by the owner in excess of $1 million dollars for completion COSTs.

Differing Site Conditions and Changed Conditions

Obtained a $1.2 million dollar settlement for site contractor on a large Fed X warehouse project in Scranton Pennsylvania, based on the legal obligations of the owner under a Differing Site Conditions Clause.

Late Project Completion

Obtained a defense verdict for a general contractor on a waste water treatment plant, where the subcontractor sought in excess of $1 million dollars for contract balances and alleged improper assessment of liquidated damages.

Exculpatory Clauses

Successfully argued before former Supreme Court Justice David Souter, sitting on United States Court of Appeals for the First Circuit, regarding the enforceability of exculpatory clause in a contract and ultimately obtained a judgment of $1.6 million dollars.

Results may vary depending on your particular facts and legal circumstances.

Awards