Patrick R. Kingsley

Patrick Kingsley has tried more than 40 cases involving diverse legal claims and fact patterns in several different forums across the country. As a trial lawyer, he has tried both jury and non-jury cases and has represented clients in arbitrations, mediations and hearings before administrative law judges and referees. He has also served as an adjunct professor at Rutgers University School of Law, instructing students on trial advocacy skills.
Patrick handles a wide variety of complex commercial disputes, focusing much of his practice on construction, surety and fidelity litigation. He represents owners, contractors, subcontractors, design professionals, sureties and building product suppliers in construction disputes involving claims for delay, unforeseen site conditions, poor workmanship, defective materials, design errors, liquidated damages, mechanics’ liens, change orders, lost productivity, bid protests, warranty claims, performance bond claims, payment bond claims and indemnity claims.

RESULTS
succeeded in obtaining the dismissal of a performance bond claim on the grounds that the owner failed to afford the contractor the right to attempt to cure its alleged construction shortcomings
obtained the complete dismissal of a financial consultant from a $75 million RICO action
secured an $8.1 million award in favor of an insurer for retro-premiums past due
secured the dismissal of a surety from a multimillion dollar suit which assisted the principal in obtaining a $36 million verdict for wrongful discharge
obtained a defense decision in a multimillion-dollar cases involving severe brain injury allegedly caused by therapeutic radiation
obtained a $3.1 million judgment on an indemnity claim brought by a surety against its indemnitors
in a case of first impression in Pennsylvania, persuaded a court that a no-damage-for-delay provision necessarily defeated joinder claims against a contractor, a surety and an engineer

PENNSYLVANIA | WASHINGTON, D.C. | NEW YORK | NEW JERSEY |ILLINOIS |DELAWARE
defended claims related to a catastrophic accident at the Kingdom Center Project, the largest building ever built in Saudi Arabia
hadled several hundred complex mass-tort exposures as part of a national asbestos trial team for national client
prevailed in an appeal before the U. S. Court of Appeals for the Third Circuit in a case involving an alleged breach of contract ;verning the sale of a printing business based in Puerto Rico
convinced a federal court in New Jersey to reverse New Jersey law and hold that a surety cannot be liable under state law for the bad faith denial of a bond claim
obtained an award from an NASD panel on an unfair competition claim for the “raiding” of one broker-dealer’s office by another
obtained a jury verdict in favor of a general agent against a broker for the return of commissions relating to a canceled “key” employee policy
obtained a multimillion dollar award in favor of an insurer against its reinsurer as part of a multi-firm trial team
defended a fledgling industrial minerals supplier in a two-week long bet-the-company injunction trial involving claims of theft of industrial trade secrets brought by a competitor
defended dozens of unemployment compensation claims for a major utility company
successfully defended a national paint manufacturer from several benzene claims in Pennsylvania and New Jersey
defended local municipalities in police brutality and §1983 cases
successfully defended a multimillion dollar claim for traumatic brain injury allegedly resulting from an automobile accident
SPEAKING ENGAGEMENTS
Panelist, “E-Discovery – Managing the Risks to Get the Reward: Best Practices for Construction Lawyers and their Clients,” ABA 2020 Forum on Construction Law Midwinter Meeting
Panelist, “Performance Bonds and CGL Insurance in Construction Projects: Navigating Interplay Between Insurance and Surety,” Strafford Webinar
Presenter, “Avoiding Problems in Taking Assignments,” Surety Claims Institute 42nd Annual Meeting and Seminar
Panelist, “The Parties’ Obligations Under the Performance Bond Relative to a Principal’s Default,” ABA Fidelity and Surety Law Committee Spring Meeting
Moderator, “The AIA A-312 Performance Bond Revisited: A panel discussion addressing key issues, potential pitfalls and practice tips for addressing adverse case law,” ABA Fidelity and Surety Law Committee Spring Meeting
MEMBERSHIPS
American Bar Association, Tort Trial & Insurance Practice Section
Chair, DRI Fidelity Surety Law Expert Witness Subcommittee
Defense Research Institute, Medical Liability and Fidelity & Surety Committees
Member, Arbitration Committee for Conflict Prevention Resolution
Member, Conflict Prevention Resolution Arbitrator Panel of Distinguished Neutrals
Member, National Academy of Distinguished Neutrals, Pennsylvania Chapter
National Bond Claims Association
Philadelphia Surety Claims Association
Surety Claims Institute

PENNSYLVANIA | WASHINGTON, D.C. | NEW YORK | NEW JERSEY |ILLINOIS |DELAWARE
Speaker, “Computer Fraud Coverage – Through the Lens of Recent Cases,” DRI Roundtable Speaker, “Calculating Damages in a Construction Dispute,” Forensic & Litigation Services Conference
Speaker, “Differing Site Conditions,” PBI Seminar: Pennsylvania Construction Law
Panelist, “Performance Bonds and CGL Insurance in Construction Projects: Navigating Interplay Between Insurance and Surety,” Strafford Webinar
Panelist, “Construction Payment and Performance Bond Bad Faith Litigation: Bringing or Defending Claims Amid Differing State Standards,” CLE Webinar
Presenter, “Bad Faith Claims Against Sureties,” Private CLE
Speaker, “Inter-creditor and Forbearance Agreements,” Surety Claims Institute
Speaker, “Key Contract and Bond Provisions in Pennsylvania,” Lorman Education Services: Fundamentals of Construction Law Contracts, Understanding the Issues
Speaker, “Bad Faith Claims Against Sureties, Which Arguments Work and Which Don’t,” Philadelphia Surety Claims Association
Speaker, “Key Bond and Contract Provisions in Pennsylvania,” Lorman Education Services: Fundamentals of Construction Law Contracts, Understanding the Issues
Speaker, “Drafting a Dispute Resolution Clause,” Continuing Legal Education
Speaker, “Differing Site Conditions,” PBI Seminar: Pennsylvania Construction Law
Speaker, “Payment and Performance Bonds in New Jersey,” Continuing Legal Education
Speaker, “Subdivision Development Bonds,” Continuing Legal Education
Speaker, “New Jersey and Delaware Surety Law,” Continuing