In Memorium – Donald J. P. Sweeney – 1938-2021Please Click Here
14Aug 2023

On August 7, 2023, Sweeney & Sheehan Partner Denise Montgomery obtained Summary Judgment on behalf of an excavating company named as an Additional Defendant in a construction defect action initiated by a condominium association against a developer in Montgomery County (Pennsylvania).  The claim arose from the construction of 387 condominium units in three multi-story buildings.  The excavating company performed multiple scopes of work related to the project, however the developer’s Joinder Complaint only asserted claims for breach of contract, negligent construction, and failure to procure insurance relating to the installation of sidewalks.  The developer failed to produce an expert report regarding sidewalks, but opposed the motion and sought leave to amend to include claims for non-sidewalk work completed by the excavating company.  The Court held that (1) the claim was limited to the allegations regarding sidewalks; (2) the record of devoid of any expert opinion to support that claim; and (3) dismissed all claims for defect sidewalks asserted against the excavation contractor.