Joseph A. Battipaglia, PE, Esq.

Partner

  • Joseph A. Battipaglia, PE, Esq.
  • Phone: +1 215 979 1186
    Fax: +1 215 689 0881

    Joseph A. Battipaglia, PE, Esq. - LinkedIn Import to Address Book

  • Duane Morris LLP
    30 South 17th Street
    Philadelphia, PA 19103-4196
    USA

Joseph A. Battipaglia concentrates his practice in the area of construction law and commercial litigation and is a member of Duane Morris' Construction Law Practice Group. Mr. Battipaglia is listed in the prestigious Chambers USA: America’s Leading Lawyers directory for construction.  For the last decade, Mr. Battipaglia has been listed as a Super Lawyer in Construction, which distinguishes the top 5 percent of lawyers.

Mr. Battipaglia has represented multinational, domestic and public owners, EPC contractors, general contractors, subcontractors, designers, suppliers, and sureties.  He has handled disputes on mega and complex construction projects, such as power generation projects (including nuclear, coal, natural gas, hydro, solar and power distribution), bridges, highways, airports, tunnels, roads, heavy industrial process facilities (including steel mills, pharmaceutical, chemical and petrochemical), and multi-use, highrise and institutional projects. He also has negotiated contracts, and counsels on project management,  project controls and change orders. He routinely handles construction and design licensing issues for several major design/construction companies throughout the United States. He also has handled bid protests for public owners and contractors.

Mr. Battipaglia has been involved in all aspects of construction for more than 30 years. Prior to practicing law, Mr. Battipaglia, also a registered professional engineer, was a consultant on design and construction contract disputes, and testified as an expert witness concerning contract disputes and damages throughout the United States. He has also performed construction management for Stone & Webster, an international engineering and construction company for power projects.

Mr. Battipaglia is a member of the Forum on the Construction Industry of the American Bar Association and a member of the Pennsylvania, Philadelphia and New Jersey bar associations.

Mr. Battipaglia is a 1990 honors graduate of Rutgers School of Law - Camden and a 1981 honors graduate of Drexel University (B.S., civil engineering).

Representative Matters

    Power Generation

  • Represents a major manufacturer and installer of wind turbines concerning significant issues with working on Offshore Wind Farms off the Coast of the US.
  • Represented Westinghouse Electric Company on claims involving the design/construction of two nuclear power plants at Vogtle Units 3 & 4 in Georgia, and at VC Summer in North Carolina.
  • Represented general contractor on claims against Dominion Electric involving a 580 mw combined cycle facility known as Dresden Energy Facility in Ohio.
  • Represented general contractor on dispute against Old Dominion Electric involving a 313 mw combined cycle facility known as Marsh Run in Virginia.
  • Represented owner of coal gasification facility on dispute with EPC contractor in Hazelton, PA.
  • Represented electric power transmission grid owner, PJM, on the design and construction of a new marine and overhead transmission grid.
  • Bridge/Roadway/Airports

  • Represented mechanical contractor on claims against owner of Philadelphia International Airport on dispute involving construction of terminals.
  • Recovered millions in an arbitration for an EPC contractor in an arbitration against owner of food distribution facility at JFK International Airport.
  • Represented contractor in an arbitration regarding the construction of the Hillside and Jamaica Bridges and roadway.
  • Represented contractor in state court regarding the construction of Whitestone Expressway and Rehabilitation and Resurfacing project.
  • Represented contractor in claim regarding rehabilitation of Walt Whitman Bridge spanning between Philadelphia and New Jersey.
  • Represented contractor in claims regarding the construction of bridges and roadway on Pennsylvania Turnpike.
  • Represented general contractor in claim against NJ Turnpike Authority regarding construction of toll facility.
  • Industrial

  • Successfully defended Brown & Root against defective design claims asserted by SUN in a major pollution/environmental renovation project at Marcus Hook Refinery in PA.
  • Represented Johnson Matthey against BP regarding an EPC contract on a major pollution abatement project at Whiting, IN.
  • Represented owner of steel rolling facility against contractor/designer for defective processing.
  • Represented contractor for claims against owner of ship-building dry dock facility at Philadelphia Naval Yard.
  • Mixed-Use/High Rise/Institutional

  • Secured a $12.3 million breach of contract verdict in a combined bench and jury trial, and in a subsequent jury trial, secured a $7.8 million jury verdict on negligence claims against Construction Manager and subcontractor, for damage to the historic finishes in a townhouse caused by excavation/underpinning work undertaken at the adjacent townhouse.
  • Represented a condominium group in their dispute with a general contractor over whether the contractor was obligated to finish the project.
  • Obtained a multi-million jury verdict following a four-week trial for Cordish Company, a national developer, against Carter-Burgess/Jacobs in a suit arising from the delayed construction and opening of a major retail center in Atlantic City, NJ.
  • Recovered millions in arbitration for curtain wall contractor and its surety regarding the Liberty Place skyscrapers in Philadelphia.
  • Represented contractor in a claim regarding construction of One Bryant Park highrise in NYC.
  • Represented contractor in a claim regarding construction of a dormitory for City University in NYC.
  • Represented steel contractor involving construction of Memorial Sloan Kettering Cancer Center in NYC.
  • Represented University of the Sciences against designers and contractors on several major projects involving construction of buildings, power plant and roadways.
  • Represented international pharmaceutical company in the construction of a state-of-the-art laboratory and manufacturing facility in Philadelphia.
  • Represented Hunter Roberts on several major projects in New Jersey and Pennsylvania against defaulting subcontractors and their suppliers involving high rise office building and institutional buildings.
  • Represented Hunter Roberts in claims against OCIP regarding construction of several buildings at Camden County College.
  • Received a complete defense verdict in a lengthy jury trial on behalf of a school district on claims brought by a prime contractor who was seeking to recover millions in delay costs, inefficiency and extra work.
  • Successfully represented a school district in a complex jury trial for millions in claims the school district brought against a general contractor to correct significant construction deficiencies in a new middle school.
  • Defended and pursued claims for school districts in several arbitrations and trials against multi-million dollar claims, which were resolved to the clients' satisfaction.
  • Represented general contractor against subcontractor and Rutgers University regarding highrise, multi-purpose facility in New Jersey.
  • Represented New Jersey School Construction Corporation against contractor regarding construction of two high schools.
  • Represented several major developers in Pennsylvania and New Jersey against contractors and homeowners regarding the construction of large scale multi-unit housing and apartment buildings.
  • Represented general contractor against subcontractors and designers and owners regarding construction of a church in New Jersey.
  • Represented general contractor on major nursing home development against Lutheran Nursery.
  • Construction/Design Licensing

  • Represented Siemens, Westinghouse, Austin, Brown & Root, Goodman Networks, and many other designers/contractors regarding contractor and design licensing issues through the country.
  • Other Matters

  • Represented manufacturer in several different product suppliers in arbitration and court actions.
  • Represented private boarding school in dispute with another non-profit entity over ownership rights to school facilities/land.
  • Represented manufacturer in trucking claims regarding damaged cargo.
  • Represented Ocwen, the mortgages servicers and investors on numerous claims involving code violations, contamination, consumer fraud issues.
  • Recovered all amounts owed under a software contract, plus attorneys' fees, from a major airline in a 2-week jury trial for a software company whose global package tracking software was never implemented.
  • Resolved to the client's satisfaction a multi-million dollar suit in New Hampshire federal court on behalf of a national software distributor.
  • Obtained injunctions against Atlantic City, N.J., for millions in tax increases.
  • Obtained injunctions in federal court enjoining ex-employees and their new employers from infringing trade secrets, patents and copyrights.

Areas of Practice

  • Construction Law and Litigation
  • Commercial Litigation

Admissions

  • New Jersey
  • Pennsylvania
  • U.S. District Court for the District of New Jersey
  • U.S. Court of Appeals for the Third Circuit
  • Supreme Court of Pennsylvania
  • U.S. District Court for the Eastern District of Pennsylvania
  • Supreme Court of New Jersey

Education

  • Rutgers School of Law - Camden, J.D., with honors, 1990
  • Drexel University, B.S. Civil Engineering, with honors, 1981

Experience

  • Eckert Seamans Cherin & Mellott, LLC, Philadelphia, Pennsylvania
    - Trial Department, 1992-1999
  • Hoyle, Morris & Kerr, Philadelphia, Pennsylvania
    - Trial Department, 1990-1992
  • Senior consultant for two national consultant companies in design and construction, 1985-1990
    - Analysis and evaluation of international construction claims.
    - Expert testimony throughout the nation regarding construction contract disputes, schedule analysis, delay and disruption claims, and calculation of damages.
  • Construction management professional for an engineering/construction company, 1978-1985
    - Construction management of power and industrial projects.
  • Licensed Professional Engineer

    Additional Licensure:
    Licensed Professional Engineer, New Jersey, 1984

Professional Activities

  • Has written and lectured extensively on construction law issues for construction industry groups
  • Volunteer child advocate representing children in abuse, dependency, termination of parental rights and adoption trials
  • Serves as an arbitrator for the American Arbitration Association and the Court of Common Pleas for Philadelphia County
  • American Bar Association
    - Forum on the Construction Industry
  • Pennsylvania Bar Association
  • Philadelphia Bar Association
  • New Jersey State Bar Association

Honors and Awards

  • Listed in Chambers USA: America's Leading Lawyers for Business, 2014-2019

  • Named to Pennsylvania Super Lawyers for Construction Litigation and Construction/Surety Law, 2004-2008, 2010-2019

  • Listed in Who's Who in American Law, 2009
  • Listed in Super Lawyers Corporate Counsel Edition, May 2009
  • Recipient of Philadelphia Pro Bono Award
  • AV Preeminent® Peer Review Rated by Martindale-Hubbell®

Selected Publications

  • Fundamentals of Construction Contracts: Understanding the Issues, Lorman Educational Services, 2013
  • Fundamentals of Construction Contracts: Understanding the Issues, Lorman Educational Services, 2012
  • "Benefits of Jury Research for Discovery, Mediation, Voir Dire and Trial," American Bar Association, Forum on the Construction Industry, Scottsdale, Arizona, April 2011
  • Co-author, Pennsylvania Construction Law: Getting Started, Getting Covered, Getting Paid, PBI Press, 2011

  • Radical Proposal for Reformation of Dispute Resolution in the Construction Industry, The Construction SuperConference, San Francisco, California, 2005
  • Drafting Contract Provisions To Allocate Responsibilities,
    The Construction SuperConference, 2004
  • Pennsylvania Law For Design Professionals,
    Lorman Education Services, 2001
  • Pennsylvania Law For Design Professionals,
    Lorman Education Services, 2000
  • Allocation of Risks by Contract
    Willis Construction Roundtable, 1998
  • Construction Lien Law in Pennsylvania and New Jersey
    Lorman Education Services, 1996
  • Construction Law Bulletin
    - Eckert Seamans Cherin & Mellott (editor) 1992-1999

Selected Speaking Engagements

  • Speaker, "Surprises Are Rarely a Good Thing: Early Case Evaluation on a Global Scale," Construction Superconference, Las Vegas, December 5-7, 2016
  • "Fundamentals of Construction Contracts: Understanding the Issues in Pennsylvania," Lorman Education Services, Philadelphia, November 13, 2014
  • "Fundamentals of Construction Contracts: Understanding the Issues in Pennsylvania," Lorman Education Services, Philadelphia, November 1, 2013
  • "Fundamentals of Construction Contracts: Understanding the Issues in Pennsylvania," Lorman Education Services, Philadelphia, November 14, 2012
  • "Benefits of Jury Research for Discovery, Mediation, Voir Dire and Trial," American Bar Association, Forum on the Construction Industry, Scottsdale, Arizona, April 2011
  • "Radical Proposal for Reformation of Dispute Resolution in the Construction Industry," The Construction SuperConference, San Francisco, California, 2005
  • "The Environmental Poltergist: How to Exercise it, and When You Can't, How to Minimize its Impact," The Construction SuperConference, San Francisco, California, 2004
  • Pennsylvania Law For Design Professionals,
    Lorman Education Services
    Philadelphia, Pennsylvania, 2000 and 2001
  • Pennsylvania Law For Design Professionals
    Lorman Education Services
    Wilkes-Barre, Pennsylvania, 2000
  • Allocation of Risks by Contract
    Philadelphia, Pennsylvania, 1998
  • Understanding Significant Changes to the American Institute of Architect Documents
    Lorman Education Services
    Reading, Pennsylvania, 1998
  • Construction Lien Law in Pennsylvania and New Jersey
    Lorman Education Services
    King of Prussia, Pennsylvania, 1996
  • Critical Path Method of Scheduling
    General Building Contractors' Association
    Philadelphia, Pennsylvania, 1990
  • CPM Scheduling and Delay Analysis
    Contractors' Association of Eastern Pennsylvania
    Philadelphia, Pennsylvania, 1990
  • Construction Scheduling
    Engineers' Club
    Philadelphia, Pennsylvania, 1989