Joseph A. Battipaglia, PE, Esq.

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).

Resume

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

Honors and Awards

•Listed in Chambers USA: America's Leading Lawyers for Business, 2014-2020

•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

Publications

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

Speaking Engagements

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