Edward B. Gentilcore is vice chair of Duane Morris' Construction Group. Mr. Gentilcore practices in the areas of construction law and complex commercial litigation with a considerable emphasis on construction litigation, construction contracts, green building and mechanic's lien matters. Mr. Gentilcore has represented owners, developers, architects, engineers, contractors, construction managers, specialty trade contractors, subcontractors and material suppliers in construction-related matters, including those involving design-build, delays, extras, contract negotiation and compliance, construction safety, insurance, surety, payment and mechanic's liens issues. He also has considerable experience in the preparation of design and construction contracts, with a focus on dispute prevention considerations. Mr. Gentilcore has handled a variety of matters involving sports, educational, utility, hotel, industrial, institutional and multi-use residential and commercial office facilities.

Another unique facet of Mr. Gentilcore's practice involves the design and construction of buildings that have pursued green design, construction and rating recognition. He is a LEED® AP (Leadership in Energy and Environmental Design Accredited Professional) under the United States Green Building Council's Green Building Rating System. Also, Mr. Gentilcore serves as a co-chair of the ConsensusDOCS Committee charged with the development of a new Green Building Addendum for use on a wide variety of green building projects.

Recognized as a Pennsylvania Super Lawyer in Construction and Surety Law, Mr. Gentilcore has authored seminar materials and delivered numerous educational presentations on various topics related to construction and surety law around the United States. Recent presentations include "Jury Instructions in Construction Litigation: Challenges in Crafting Compliant and Convincing Charges in Construction Cases," delivered in San Diego, California; "From Blueprints Through Red Tape to Green Buildings and All the Colors in Between (and Hopefully Beyond): Practical and Contractual Considerations on Your Road to LEED™ Certification," presented in Florida, New York and Pennsylvania; "Veni, Vidi, Vici, Verdigris--Building Green," presented throughout Pennsylvania and in national webinars; "Help on Avoiding Red Ink, Red Tape and the Risk of Being Red-Faced While Building Green," delivered in Pennsylvania and Missouri; "Contractor Concerns and Considerations on Confronting Chartreuse Challenges and Commitments," presented in two national webinars; "Bond...Surety Bond: What It Is, How to Use It, and What It Can Do for You and Your Project," delivered in Pennsylvania; and "Pennsylvania's Mechanics' Lien Law Of 1963 and the January 1, 2007 Amendments: Eventually, All Things Inevitably Must Change," delivered to numerous audiences around Pennsylvania.

Mr. Gentilcore serves on the Division 10 (Environmental and Legislation) Steering Committee for the ABA Forum Committee on the Construction Industry and is a member of the Construction Litigation Committee of the ABA Section of Litigation, where he recently served as a co-chair of the Environmental Subcommittee and where he currently serves as Committee Liaison to the other ABA Committees. He also serves on the Environmental Network Committee of the Associated General Contractors of America and is a Fellow of the Litigation Counsel of America. Mr. Gentilcore helped to form the Construction Law Section of the Allegheny County Bar Association, and served as chair, vice chair and committee chair of that organization. He also serves as a representative to the Constructors Association of Western Pennsylvania and is a member of that organization's Activities Committee, Education Committee and Professional Council.

Areas of Practice

Construction Litigation
Construction Insurance and Bonding
Mechanics' Liens
Construction Contracts
Green Building Contracts

Representative Matters

Drafted and negotiated numerous contracts involving sports, educational, utility, hotel, industrial, institutional and multi-use residential and commercial office facilities. Project values ranging from $500,000 to $70 million. Represented owners, prime contractors, heavy equipment manufacturers and specialty trade contractors.
Focused construction contracts and litigation practice, representing owners, contractors, subcontractors, sureties, architects, engineers and suppliers in public contract bidding and compliance litigation, public contracting dispute litigation, private contract dispute litigation, project development, private contract preparation, and negotiation and design-build/EPC contracting/dispute matters.
Experienced in multiple delivery systems, including design-build, EPC and traditional design, bid, and build projects; experienced in public contracting, procurement and bidding compliance matters.
Experienced in various energy-related matters, including cogeneration, turbine performance and waste-to-energy.
Worked closely as counsel for United States subsidiary of major international steel equipment manufacturer. Interacted directly with president, chief financial officer, controller, project managers, purchasing agents and parent company legal department on a daily basis on numerous contracting and performance issues.
Experience in complex case management, multiple issue scope claims, mechanics' lien claims, default and termination claims, surety claims and defenses, delay claims, environmental-related construction claims, component part performance, failure and deficiency claims, construction contract disputes and payment claims.
Acted as liaison to general counsel of major publicly-traded engineering and construction firm, monitoring litigation and supervising law firms located in New York, California, Georgia, Idaho, Utah, Indiana, Louisiana and South Carolina, regarding ongoing engineering and construction litigation. Interacted directly with general counsel, chairman of the board, president, chief financial officer, treasurer, risk manager and project managers on a daily basis on wide variety of private and public contracting matters across the United States.
Participated in construction litigation nationwide representing owners, contractors, subcontractors and sureties on wide variety of issues including: termination, default, delay claims, mechanics' liens, enforceability of liquidated damages, constructive acceleration and various contract compliance matters.
Negotiated and prepared numerous architectural and construction contracts on multimillion-dollar projects for privately-held companies, publicly-held companies, and established cultural and nonprofit institutions.
Prepared form agreements for a major national lending concern dealing with arbitration of construction loan disputes.
Representation of national contractor in dispute with subcontractor over alleged deficiencies in a high-profile customer service facility.
Handled numerous mechanics' lien matters, including reported appellate decision involving high-profile cultural project on which the assertion of a lien claim was successfully removed from the property. This case, involving the Carnegie Science Center, is a 2003 published decision of the Superior Court of Pennsylvania; City Lighting Products Co. v. Carnegie Institute, 2003 WL 245606.
Defended numerous claims against an international engineer/contracting concern due to the chapter 11 bankruptcy filing of a major steel company.
Represented client in multimillion-dollar arbitration over disputed warranty claims on a steel mill project.
Represented the interests of a national design engineer over the design of an air field taxiway.
Successfully defended a mid-Atlantic specialty trade contractor involving disputes over the construction of a large paving area supporting a distribution facility.
Represented a major national contractor on a public project involving multiple performance and scope of work disputes.
Responsible for preparation of residential development agreements for an Eastern Pennsylvania development company.
Provide consulting assistance for regional construction trade association.
Represented joint venture partner in negotiation of a joint venture agreement for a $100-plus million undertaking.
Successfully defended developer in disputes over remediation/renovation of a former industrial facility/condominium conversion.
Represented owners in several projects seeking Green/LEED building ratings.

Professional Activities

American Bar Association
- Forum Committee on the Construction Industry
-- Division 10 (Environmental and Legislation) Steering Committee
- Litigation Section
-- Construction Litigation Committee
--- Named Outstanding Subcommittee Chair, 2008
-- Committee Liaison, 2005-Present
-- Environmental Subcommittee Co-Chair, 1999-2004
Litigation Counsel of America
- Fellow, 2009-present
Pennsylvania Bar Association
Allegheny County Bar Association
- Construction Law Section
-- Publications Committee, 1998-Present
--- Chair, 1997
--- Vice Chair, 1996
Associated General Contractors of America
- Environmental Network Committee
Constructors Association of Western Pennsylvania
- Activities Committee
- Education Committee
- Professional Council
Engineers' Society of Western Pennsylvania
Pennsylvania Bar Institute
- Faculty Member
Lorman Construction Certification Compliance Program Advisory Board, 2005-2007

Admissions

Pennsylvania
U.S. Supreme Court
U.S. Court of Appeals for the Third Circuit
U.S. District Courts for the Eastern and Western Districts of Pennsylvania
Pennsylvania Supreme Court

Education

University of Pittsburgh School of Law, J.D., cum laude, 1987

University of Pittsburgh, B.A., cum laude, 1984

Experience

Duane Morris LLP
- Partner, 2007-present
Reed Smith LLP
- Partner, 2000-2007
Babst, Calland, Clements & Zomnir, PC
- Shareholder, 1991-2000
Buchanan Ingersoll PC
- Associate, 1987-1991

Honors and Awards

Pennsylvania Super Lawyer in Construction and Surety Law, 2006-2008
American Bar Association Section of Litigation Outstanding Subcommittee Chair, 2008
Listed in Super Lawyers Corporate Counsel Edition, May 2009

Selected Publications

Author, "So You Want to Get Paid? Five Tips for Securing Payment for Performance," Building & Bonding: The Construction Group Newsletter, Spring 2009
Author, "Right around the Corner: Pennsylvania's Home Improvement Consumer Protection Act Opening for Business," Duane Morris Alert, March 30, 2009
Author, "Clear as Mud: Pennsylvania District Court Rejects Surety's Liability for Prompt Payment Act Penalties and Attorneys' Fees," Duane Morris Alert, March 18, 2009
Author, "Help on Avoiding Red Ink, Red Tape and the Risk of Being Red-Faced While Building Green," 2008
Author, "Jury Instructions in Construction Litigation: Challenges in Crafting Compliant and Convincing Charges in Construction Cases," 2006
Author, "From Blueprints Through Red Tape to Green Buildings and All the Colors in Between (and Hopefully Beyond): Practical and Contractual Considerations on Your Road to LEED™ Certification," 2007
Author, "Pennsylvania's Mechanics' Lien Law Of 1963 and the January 1, 2007 Amendments: Eventually, All Things Inevitably Must Change," 2006-2007
Editor, The Critical Path, a quarterly, multi-page update on construction law trends
Author, "Renewed Report on Repose, Represent, Repast, Re-future, and Resources: A Companion to a Compendium," Construct! Spring 2005
Author, "Intercepted Pass (Through): A Possible Limitation on Indemnification Pass-Throughs to Subcontractors Appears on the Horizon," The Real Estate Finance Journal, Summer 2005
Author, "Don't Spoliate an Already Bad Ending: Exploring the Ethical Intersection of Spoliation and Remedy of Warranty and Other Deficiency Claims," Construct! Spring 2004
Co-author, "Insurance and Bonding," Miller Construction Guide, 2006
Editor, The Benchmark, a quarterly, multi-page update on construction law trends
Author, "For Whom the Bell Never Tolls: Commonwealth Court Helps to Expand the Doctrine of Nullum Tempus Occurit Regi to Allow Landslide Suit to Proceed," Pennsylvania Bar Association Civil Litigation Newsletter, Vol. 3, No. 2, Spring 1998
Author, "The Perils of Incorporation by Reference," The Subcontractor," Vol. 17, No. 4, October 1995
Author, "Effective Presentation of Multiple Issue Scope Disputes in Design/Build Project Litigation," American Bar Association Forum on the Construction Industry, 11th Annual Meeting

Selected Speaking Engagements

Speaker, "Legal and Contractual Implications of Green Construction," Going Green! Understanding the Risks and Liabilities of Green Building Seminar, Cranberry Township, Pennsylvania, June 4, 2009
Speaker, "Out of the Blue - The Ultimate Differing Site Condition & Environmental Due Diligence," ABA Forum on Construction Industry 2009 Annual Meeting, April 16-18, 2009
Speaker, "Pennsylvania Mechanics Lien Law of 1963 from the Owner's and Contractor's Perspectives, Including the Lien Law Amendments Effective January 1, 2007," Lorman Education Services' Construction Lien Law Seminar, Pittsburgh, Pennsylvania, December 2, 2008
Faculty Member, "Problems and Risks Associated with Green Construction," Lorman Educational Services Green Construction teleconference, September 9, 2008
Course Planner and Presenter, Real Estate Law Update 2008, Pennsylvania Bar Institute program, Mechanicsburg, Pennsylvania, April 4, 2008, and Malvern, Pennsylvania, April 17, 2008
Speaker, "Problems and Risks Associated with Green Construction," Lorman Education Services teleconference, March 11, 2009
Speaker, Construction Law Lien Conference, Lorman Educational Services, Pittsburgh, Pennsylvania, December 11, 2007
Speaker, "Building Green," Pennsylvania Bar Institute's 11th Annual Real Estate Institute seminar, Philadelphia, Pennsylvania, December 5, 2007
Faculty Member, "Veni, Vidi, Vici, Verdigris--Building Green," 11th Annual Real Estate Institute, Pennsylvania Bar Institute, Philadelphia, December 5-6, 2007
Faculty Member, "The Ever Evolving Changes to the Mechanics' Lien Laws of Pennsylvania," Pennsylvania Bar Institute, Pittsburgh, November 1, 2007