Denise M. Montgomery is a shareholder at Sweeney & Sheehan, P.C. and focuses her practice in the area of construction defect, representing prime contractors and sub-contractors in complex construction defect claims throughout Pennsylvania and New Jersey. She also has extensive expertise in the areas of employment law, professional liability, retail liability and general liability. Ms. Montgomery is experienced in all aspects of litigation, including discovery, mediation, contractual and non-binding arbitration, and trial. She specializes in complex construction defect claims, and transition claims and is skilled in managing claims pre-suit and ensuring appropriate risk management.

After graduating from Villanova Law, she was selected for an Equity Clerkship with the Honorable John F. Callinan (ret.) of the Cape May County Superior Court. As the Equity Clerk, she assisted in reviewing all Equity Motions, Megan’s Law designations, drafting opinions, and effectively mediated hundreds of Special Civil and Landlord Tenant actions.

Following her clerkship, she practiced at a small regional defense firm in Pennsylvania handling a wide array of matters with a concentration in defending energy companies in environmental contamination actions and general liability matters, industrial equipment distributors in catastrophic injury actions, and car dealerships in general liability matters and consumer fraud actions.

Prior to joining Sweeney and Sheehan, she worked as in-house counsel with Rutgers Casualty Insurance Company which offered a wide range of commercial and personal insurance products and successfully maintained a caseload of approximately 500 matters from intake through trial throughout Pennsylvania and New Jersey.

Denise is also a recognized leader within the defense bar.  She serves as a Steering Committee Member of DRI and the former Construction Defect Chair of its Construction Specialized Litigation Group (SLG).  In 2024, she chaired DRI’s Construction Law Conference, further demonstrating her commitment to advancing the practice and supporting the construction defense community nationwide.   She is also active with the Pennsylvania Defense Institute where she is the Committee Chair, for Civil Practice and Procedure and VP of the Eastern District. She enjoys speaking and writing for both organizations and providing CE opportunities to insurance professionals.

  • Received Summary judgment in favor of two subcontractors involved in the construction of HVAC and tile components in a multi complex condominium in Wildwood Crest.  The subcontractors were joined by the General Contractor which ultimately failed to prduce expert reports implicating their scopes of work.  Summary Judgment was filed and extensively argued before the Court that the GC could not maintain an action against the subcontractors without producing an expert opinion to support their joinder complaint.  The Court agreed. 
  • Achieved a settlement on behalf of all subcontractors in a 10 million dollar claim involving a 30,000 square foot mansion in Colts Neck, New Jersey by working with all subcontractors to extinguish liability and exposure where the GC failed to adequately participate in negotiations. 
  • Represented a prime mason in a 16 million dollar claim involving the 19th largest correctional facility in the County.  Through diligent discovery, pursuing all available coverage to the insured, and forcing contributions from various subcontractors, the action was successfuly mediated prior to trial with our firm taking the lead in the negotiations through the final phase of mediation.  The contributions obtained on behalf of the client resulted in the return of funds to the insured. 
  • Represented a prime masonry contractor in a 6 million dollar claim regarding water intusion in a newly constructed public building in Jerseyville, NJ.  By taking the lead in the discovery and deposition, we were able to establish facts which resulted in a reduction of liability for the client and decreased the overall contribution to a global settlement. 
  • Obtained a dismissal with prejudice of a construction defect action filed in Ocean County (New Jersey) against a contractor arising from the construction of a single-family home.
  • Obtained summary judgment in Atlantic County (New Jersey) Superior Court in favor of a contractor who installed pilings for a new home in Margate, New Jersey.
  • Obtained a dismissal with prejudice of a subrogation action filed in Bergen County (New Jersey) Superior Court against an entity which designed and installed shoring in a residential garage that collapsed during the project.
  • Failure Analysis: Helping you close Your Claims; DRI Annual Meeting; Seattle, Washington; October 2024
  • The State of Affairs of the Pennsylvania Fair Share Act Post Spencer v. Johnson, Pennsylvania Defense Institute Lunchtime Webinar, April, 2022
  • Deeper Discovery: Hitting all the Project nooks and Crannies to Uncover Best Evidence, Co-Presenter, DRI 2021 Annual Construction Conference
  • Taking 30(b)(6) Depositions, Co-Presenter, Pennsylvania Defense Institute, Bedford Springs, PA, July 2019
  • Anatomy of a Construction Claim, Co-presenter, DRI Construction Law Bootcamp, Chicago, November 2018
  • Creative Settlement Techniques, Pennsylvania Defense Institute, Bedford Springs, Pennsylvania, July 2018
  • Lamp V. Heyman 2017, Service of Original Process in Pennsylvania, Sweeney & Sheehan CLE, Philadelphia, Pennsylvania, October 2017
  • Cypress Point, New Jersey Supreme Court’s Review of CGL Coverage, Sweeney & Sheehan CLE, Philadelphia, Pennsylvania, October 2016
  • Construction Defect Claim Management, South Jersey Claims Association, Mount Laurel, New Jersey, March 2015
  • Deeper Discovery: Hitting All the Project Nooks and Crannies to Uncover Best Evidence, Walsworth, October 2021
  • The Anatomy of a Construction Claim, USLAW Magazine, Winter, 2020
  • The Anatomy of a Construction Claim, DRI, For the Defense, February 2019
  • Testimony of Claims Representatives and What is Protected, Pennsylvania Defense Institute, July 2016
  • The Statute of Repose and the Construction Defect Claim; Is the Bright Light marked by a Bright Line?, USLAW, September 2015

Practice Areas

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